[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 42 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 42
To improve the management and performance of the capital asset programs
of the Department of Veterans Affairs so as to better serve veterans,
their families, caregivers, and survivors, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 24 (legislative day, January 3), 2023
Mr. Tester (for himself, Mrs. Murray, Mr. Brown, and Mr. Warner)
introduced the following bill; which was read twice and referred to the
Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To improve the management and performance of the capital asset programs
of the Department of Veterans Affairs so as to better serve veterans,
their families, caregivers, and survivors, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Build, Utilize,
Invest, Learn, and Deliver for Veterans Act of 2023'' or the ``BUILD
for Veterans Act of 2023''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--CAPITAL ASSET MANAGEMENT
Sec. 101. Improving capital asset staffing of Department of Veterans
Affairs.
Sec. 102. Development of performance metrics of capital asset
management by Department of Veterans
Affairs and monitoring for improvement.
Sec. 103. Expansion of membership of the Capital Asset Planning
Committee.
TITLE II--STRATEGIC PLAN AND REPORTS
Sec. 201. Review of climate resilience of facilities, land, and other
relevant capital assets of Department of
Veterans Affairs.
Sec. 202. Strategic plan to improve planning, management, budgeting,
staffing, capacity, and performance of
Department of Veterans Affairs capital
asset activities.
Sec. 203. Centralized management of capital asset disposal and reuse
and annual report on completion of disposal
and reuse activities of Department of
Veterans Affairs.
Sec. 204. Report on options to improve minor construction program of
Department of Veterans Affairs.
Sec. 205. Report on improvements to alignment of information technology
funding and activation of medical and other
space of Department of Veterans Affairs.
Sec. 206. Reports on key capital asset investments, activities, and
performance of Department of Veterans
Affairs.
Sec. 207. Reports on projected need for funding for infrastructure and
capital assets of Department of Veterans
Affairs.
Sec. 208. Inspector General of the Department of Veterans Affairs
reports on Department infrastructure
projects.
Sec. 209. Comptroller General reports on capital asset program
management and execution by Department of
Veterans Affairs.
Sec. 210. Report on dental care physical infrastructure needs of
Department of Veterans Affairs.
Sec. 211. Report on long-term care physical infrastructure needs of
Department of Veterans Affairs.
Sec. 212. Report on feasibility and advisability of using a dedicated
budget account for maintenance of capital
assets of Department of Veterans Affairs.
Sec. 213. Report on women veterans retrofit initiative.
Sec. 214. Report on capital asset and information technology needs of
the research and development program of
Department of Veterans Affairs.
Sec. 215. Review and report on provisions of law relating to Department
of Veterans Affairs capital asset
management and oversight.
Sec. 216. Improving prevention, detection, and reporting of waste,
fraud, and abuse in Department of Veterans
Affairs capital asset projects and
activities.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Veterans' Affairs and the
Committee on Appropriations of the Senate; and
(B) the Committee on Veterans' Affairs and the
Committee on Appropriations of the House of
Representatives.
(2) Capital asset.--The term ``capital asset'' means the
physical infrastructure, land, buildings, and other related
items under the operation and control of the Department of
Veterans Affairs, including the information technology and
other support systems needed to ensure the physical space can
be used to deliver intended services and functions of the
Department.
TITLE I--CAPITAL ASSET MANAGEMENT
SEC. 101. IMPROVING CAPITAL ASSET STAFFING OF DEPARTMENT OF VETERANS
AFFAIRS.
(a) Capital Asset Personnel of the Department.--
(1) Requirement for dedicated offices and sufficient
staff.--Not later than 540 days after the date of the enactment
of this Act, the Secretary of Veterans Affairs shall ensure
that the Department of Veterans Affairs has dedicated offices
or entities and sufficient staff, including at each medical
center of the Department, to conduct relevant critical
responsibilities for the life-cycle of capital asset management
at the local, regional, and central office level. This may
include ensuring such mix as the Secretary considers
appropriate of personnel with duties from the following
categories:
(A) Facility planning.
(B) Long-range capital planning.
(C) Management of projects and capital assets
relating to the execution of major construction
projects, minor construction projects, major leases,
minor leases, nonrecurring maintenance, and related
matters at medical centers and facilities of the
Department in the surrounding catchment areas of the
centers and facilities.
(D) Property disposal or transfer, environmental
remediation, and historic preservation.
(E) Engineering, including matters relating to
seismic repairs and projects.
(F) Maintenance and repair of existing
infrastructure.
(G) The collection of views of veterans and
employees of the Department to understand the capital
assets needs of the Department.
(H) Other relevant functions relating to the full
life-cycle of capital asset management of the
Department as determined by the Secretary.
(2) Tasks.--To the greatest extent practicable, the
Secretary shall ensure that each of the categories of duties
under paragraph (1) are assigned to a different individual or
group of individuals so as--
(A) to organize common work in a cohesive manner;
and
(B) not to overburden a small number of individuals
with such requirements.
(3) Lead official.--Not later than 180 days after the date
of the enactment of this Act, the Secretary shall--
(A) designate one individual as the lead senior
official responsible for integration and coordination
of, and accountability for, the evaluation of the
capital asset workforce needs of the Department, the
staffing model established under paragraph (4), and the
ongoing implementation and monitoring of actions to
ensure adequate capital asset staffing across the
Department, including those at the field, regional, and
central offices of the Veterans Health Administration,
the National Cemetery Administration, the Veterans
Benefits Administration, and the Office of Acquisition,
Logistics, and Construction; and
(B) notify the appropriate committees of Congress
who has been designated under subparagraph (A).
(4) Staffing model.--
(A) In general.--Not later than one year after the
date of the enactment of this Act, the Secretary shall
establish a staffing model for the relevant
administrations, staff offices, and other elements of
the Department to carry out paragraph (1) that--
(i) ensures a minimum base level of capital
asset staffing; and
(ii) is adjusted based on the volume and
complexity of capital asset work of a
particular facility, catchment area, region, or
central office responsibility.
(B) Update.--The Secretary shall update the
staffing model under subparagraph (A) regularly to
ensure it is effective in carrying out paragraph (1).
(5) 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 Secretary shall, in carrying out paragraph
(1), ensure, to the greatest extent practicable, that the
Department has a dedicated office or entity and sufficient
staff 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.
(6) Purpose and intent.--The purpose of this subsection is
to ensure that field, regional, and central offices of the
Department of Veterans Affairs have an appropriately sized and
credentialed capital asset workforce to allow for efficient and
effective execution of their relevant segment of capital asset
work. Nothing in this subsection is intended to mandate a
realignment of capital asset workforce roles, responsibilities,
and reporting structures.
(b) Qualifications.--The Secretary shall ensure that appropriate
professional certifications, educational background, and other
qualifications are in effect for individuals employed in a position at
a dedicated office or entity required by subsection (a) to manage the
duties under the categories set forth under subsection (a)(1).
(c) Duties of Dedicated Offices or Entities at Medical Centers.--
(1) In general.--The duties of a dedicated office or entity
required by subsection (a) at a medical center of the
Department may include such combination of the following duties
as the Secretary considers appropriate to achieve efficient and
effective capital asset management and performance as it
pertains to relevant activities at the field level:
(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) Effective delivery of capital asset projects.
(D) Maintenance and repair of infrastructure.
(E) Capital asset disposal or transfer,
environmental remediation, and historic preservation.
(F) Regularly monitoring state-of-the-art best
practices in health care capital asset delivery and
management.
(G) Constantly monitoring the needs of veterans and
employees of the Department as it relates to medical
space and services at the medical center and facilities
in the catchment area surrounding the medical center to
forward plan and identify and submit plans, through
processes of the Department, to meet those needs,
including by formulating local and regional capital
improvement and asset management plans for medical
facilities of the Department through the regular
collection of--
(i) views and expectations of veterans,
including as expressed by relevant local or
national veterans service organizations, in
that area who are eligible users of health care
and related services 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 facilities
in that catchment area regarding their
preferences and needs for how to deliver health
care to veterans and how those preferences
impact the infrastructure needs of the
Department.
(H) Understanding the capital asset policies,
procedures, and directives of the Department, including
those issued by the central office of the Department,
the Veterans Health Administration, Veterans Integrated
Service Networks, the Office of Acquisition, Logistics,
and Construction, the Office of Asset Enterprise
Management, the Office of General Counsel, the Office
of Information and Technology, or any successor
offices, and any other office of the Department with
significant responsibility over capital asset
management and planning.
(I) Implementing locally the policies, procedures,
and directives described in subparagraph (H).
(J) Providing feedback regarding ways in which the
policies, procedures and directives described in
subparagraph (H) can be improved.
(K) Understanding the importance for collaboration
and coordination among all relevant offices of the
Department, including the Office of Acquisition,
Logistics, and Construction, the Office of Asset
Enterprise Management, the Office of Information and
Technology, or successor offices with similar
functions, and other internal stakeholders as required
to achieve success in all phases of capital asset
management.
(2) Collection of views and expectations.--
(A) In general.--Views and expectations may be
collected under paragraph (1)(G) 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)(G) 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 and medical staff
under paragraph (1)(G), an office, entity, or relevant
staff described in subsection (a) for a medical center
of the Department shall ensure that the viewpoints of a
diverse population of veterans being served by the
medical center and medical staff of the medical center
or in the catchment area of the medical center are
captured.
(D) Coordination with existing efforts of
department.--In carrying out paragraph (1)(G) and this
paragraph, the Secretary shall use, as the Secretary
considers appropriate, existing efforts and expertise
of the Department through the Veterans Health
Administration, Office of Acquisition, Logistics, and
Construction, the Office of Asset Enterprise
Management, and the Veterans Experience Office.
(E) Usage of views and expectations.--The views and
expectations collected under paragraph (1)(G) shall be
used to inform the offices, entities, or relevant staff
described in subsection (a)(1) and the broader
leadership of a medical center and Veterans Integrated
Service Networks of the Department to develop plans for
capital asset improvement.
(d) Development of Standard Process To Solicit Views on
Effectiveness.--
(1) In general.--Subject to paragraph (3), the Secretary
shall develop a standardized process to regularly solicit
feedback from individuals and entities described in paragraph
(2) regarding the effectiveness of and ways to improve--
(A) the infrastructure and capital asset management
investment processes and procedures of the central
office of the Department and Veterans Integrated
Service Networks of the Department; and
(B) the guidance of the central office and Veterans
Integrated Service Networks regarding such processes
and procedures to the medical centers, facilities in
the surrounding catchment areas of those medical
centers, and Veterans Integrated Service Networks, as
appropriate.
(2) Individuals and entities described.--The individuals
and entities described in this paragraph are the following:
(A) Each office, entity, or relevant staff
described in subsection (a)(1) for a medical center of
the Department.
(B) Medical staff of the Department at facilities
in the surrounding catchment area of the medical
center.
(C) Veterans Integrated Service Networks.
(D) Staff of offices within the central office of
the Department, including the Office of Acquisition,
Logistics, and Construction, the Office of Asset
Enterprise Management, and the Office of Information
and Technology, or successor offices with similar
functions.
(E) The Veterans Health Administration, including
its Office of Healthcare Environment and Facilities
Programs.
(F) Such other offices as the Secretary determines
relevant.
(3) Alignment with market area assessments.--To the degree
practicable, the Secretary shall align the process developed
and standardized under paragraph (1) with the performance of
market area assessments under section 7330C(a) of title 38,
United States Code.
(4) 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.
(e) Use of Report Findings.--The Secretary shall use the results of
the report required under section 202 in establishing the offices,
entities, or organizational structures required under subsection (a)
and carrying out any other requirements of this section.
SEC. 102. DEVELOPMENT OF PERFORMANCE METRICS OF CAPITAL ASSET
MANAGEMENT BY DEPARTMENT OF VETERANS AFFAIRS AND
MONITORING FOR IMPROVEMENT.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall--
(1) develop meaningful and measurable goals and metrics--
(A) to assess the performance of the capital asset
management programs of the Department of Veterans
Affairs, including those carried out by a non-
Department Federal entity under section 8103(e)(1) of
title 38, United States Code, to allow the Secretary to
make sound decisions regarding construction, leasing,
acquisition, maintenance, and disposal of capital
assets; and
(B) that are in alignment with Department strategic
plans, budgets, and mission to serve veterans, their
families, and caregivers;
(2) develop an internal dashboard or other tool to monitor
progress towards meeting those goals;
(3) establish and implement internal governance processes
to direct necessary changes to improve performance and
achievement of those goals; and
(4) submit to appropriate committees of Congress a report
on the development of those goals and metrics in paragraph (1)
and the implementation of the internal dashboard or other tool
under paragraph (2) and the internal governance process under
paragraph (3).
(b) Internal Dashboard.--The Secretary shall ensure that the
internal dashboard developed under subsection (a)(2) includes
meaningful and relevant metrics that--
(1) evaluate capital asset management performance of the
Department and provide relevant information to guide necessary
improvements; and
(2) are developed consistent with recommendations set forth
by the Comptroller General of the United States.
(c) Consideration of Part Two of Strategic Plan to Improve VA's
Delivery and Management of Capital Asset.--In developing the internal
dashboard under subsection (a)(2), the Secretary shall consider the
findings in part two of the Strategic Plan to Improve VA's Delivery and
Management of Capital Asset required under section 202(a)(4).
SEC. 103. EXPANSION OF MEMBERSHIP OF THE CAPITAL ASSET PLANNING
COMMITTEE.
Not later than 180 days after the date of the enactment of this
Act, in order to facilitate Federal health infrastructure planning,
coordination, and investment, the Deputy Secretary of Veterans Affairs
and the Under Secretary of Defense for Personnel and Readiness shall
modify the membership of the Capital Asset Planning Committee
established as a subordinate entity of the Department of Veterans
Affairs-Department of Defense Joint Executive Committee established
under section 320 of title 38, United States Code, to include the
following:
(1) Not fewer than one officer or employee of the Indian
Health Service.
(2) Not fewer than one officer or employee of the
Department of Health and Human Services who is not an employee
of the Indian Health Service.
TITLE II--STRATEGIC PLAN AND REPORTS
SEC. 201. REVIEW OF CLIMATE RESILIENCE OF FACILITIES, LAND, AND OTHER
RELEVANT CAPITAL ASSETS OF DEPARTMENT OF VETERANS
AFFAIRS.
(a) In General.--The Secretary of Veterans Affairs shall conduct a
comprehensive review of the climate resilience of facilities, land, and
other relevant capital assets 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, land, and other relevant capital assets
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, land,
and other relevant capital assets 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 current design
standards and building codes used by the Department of
Veterans Affairs to site, plan, build, lease, renovate,
and purchase land, facilities, infrastructure, and
other capital assets of the Department and whether
those design standards and building codes reflect both
observed and forward-looking climate information;
(D) include an analysis of the effect of climate
change on energy usage, energy sources, and utility
systems of the Department and the Department's
mitigation strategies;
(E) 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, land, and other
capital assets of the Department and make relevant
decisions and planning strategies based on this
information;
(F) after consulting with the United States Global
Change Research Program and other relevant Federal and
non-Federal entities, include recommendations for best
practices, standards, and solutions for future
placement, planning, renovation, leasing, purchase,
construction, and disposal of facilities and land 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; and
(G) assess how the Department can incorporate
climate resilience information into its processes and
procedures for capital asset investment decisions.
(2) Sources of information and projections.--Sources of
information and projections used under paragraph (1)(E) 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) Reports.--
(1) Mission critical assets.--Not later than 540 days 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) with respect to mission critical capital assets of the
Department and the actions the Secretary will take in response
to the findings of such review.
(2) All assets.--Not later than one year after the date on
which the Secretary submits the report under paragraph (1), the
Secretary shall submit to the appropriate committees of
Congress a report detailing the results of the review conducted
under subsection (a) with respect to all capital assets of the
Department and the actions the Secretary will take in response
to the findings of such review.
(3) Elements.--Each report submitted under paragraphs (1)
and (2) shall include, with respect to the assets covered by
the respective report, the following:
(A) Recommendations for legislative and
administrative action to mitigate and respond to the
findings contained in the review conducted under
subsection (a).
(B) A description of action taken or to be taken by
the Secretary to improve the climate resilience of
existing facilities, land, infrastructure and other
relevant capital assets under the jurisdiction or
control of the Department.
(C) A description of changes in policy, directives,
and procedures of the Department to mitigate, plan for,
and improve resilience of future constructed, leased,
or other facilities, land, infrastructure, and other
relevant capital assets under the jurisdiction or
control of the Department.
(D) A description of how the Department will
incorporate climate resilience information into its
processes and procedures for capital asset investment
decisions.
(E) A description of changes the Department will
make to ensure the facilities, land, infrastructure,
and other relevant capital assets of the Department are
available to furnish care and services under section
1785 of title 38, United States Code, during or
following a disaster or emergency.
(F) The estimated cost to implement the changes
described in the report.
(G) The estimated timeline to implement the changes
described in the report.
(H) Such other matters, recommendations, or
requests as the Secretary considers appropriate,
including recommendations for relevant legislative or
administrative action.
(4) Updates.--
(A) In general.--Not later than five years after
the date on which the Secretary submits the report
under paragraph (2) and not less frequently than once
every five years thereafter until the date that is 23
years after the date of the enactment of this Act, the
Secretary shall submit to the appropriate committees of
Congress an update of the report submitted under
paragraph (2).
(B) Contents.--Each update submitted under
subparagraph (A) shall describe the efforts of the
Department since the submittal of the latest report or
update, as the case may be, relating to matters covered
by the report and such other matters as the Secretary
considers appropriate.
(d) Climate Resilience Defined.--In this section, the term
``climate resilience'' means--
(1) 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
(2) the ability to withstand, respond to, and recover
rapidly from disruptions while ensuring the sustainment of
mission-critical operations.
SEC. 202. STRATEGIC PLAN TO IMPROVE PLANNING, MANAGEMENT, BUDGETING,
STAFFING, CAPACITY, AND PERFORMANCE OF DEPARTMENT OF
VETERANS AFFAIRS CAPITAL ASSET ACTIVITIES.
(a) Initial Strategic Plan.--
(1) 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
strategic plan to improve the planning, management, budgeting,
staffing, capacity, and performance by the Department of
Veterans Affairs relating to capital assets. Such strategic
plan shall be known as the ``Strategic Plan to Improve VA's
Delivery and Management of Capital Assets'' (in this subsection
referred to as the ``Plan'').
(2) Structure.--The Plan shall consist of not fewer than
two parts as set forth in this subsection.
(3) Part one.--
(A) In general.--Part one of the Plan shall focus
on the human capital needs for the capital asset and
related areas workforce of the Department (in this
subsection referred to as ``Part One'').
(B) Elements.--Part One shall include the
following:
(i) A description of the steps being taken
by the Department, including by the lead
official designated under section 101(a)(3),
and the steps that the Department plans to take
during the 10-year period following the date of
the Plan, including a specific timeline, to
ensure sufficient capital asset personnel at
the local, regional, and central office levels
of the Department are available and prepared--
(I) to execute the current level of
capital asset work, including
maintenance, delivery of new
facilities, disposal, and reuse;
(II) to handle future capital asset
work described in subclause (I) during
such 10-year period; and
(III) to perform any other capital
asset activities as identified by the
Secretary.
(ii) A plan that addresses the needed
capital asset workforce of the Department by--
(I) identifying and describing the
staffing needs and status of such
workforce, including--
(aa) the number of
currently authorized positions;
(bb) the number of filled
positions of those positions
authorized;
(cc) the number of unfilled
positions of those positions
authorized, including reasons
why those positions are not
filled and steps the Department
is taking to fill those
positions;
(dd) the number of current
positions needed above the
level currently authorized; and
(ee) future needs,
including expected growth or
reduction of personnel, during
the 10-year period following
the date of the Plan;
(II) providing the data under
subclause (I) at the Departmental
level, disaggregated by relevant
divisions of the Department and by--
(aa) data for the Veterans
Health Administration, broken
out by field, Veterans
Integrated Service Network, and
central office, including the
Office of Healthcare
Environment and Facilities
Programs;
(bb) data for the Office of
Acquisition, Logistics, and
Construction, broken out by
field, region, and central
office;
(cc) data for the National
Cemetery Administration, broken
out by field, region, and
central office;
(dd) data for the Veterans
Benefits Administration, broken
out by field, region, and
central office;
(ee) data for the Office of
Asset Enterprise Management;
(ff) data for the Office of
Information and Technology,
broken out by field, region,
and central office; and
(gg) data for all other
offices of the Department not
covered under items (aa)
through (ff) that have capital
asset staff or significant
capital asset responsibilities
or are key enablers and support
functions for capital asset
management at the field,
regional, or central office
level; and
(III) including an estimate of the
funding required to accomplish filling
the unfilled and future positions
specified under subclause (I) during
the 10-year period following the date
of the Plan.
(iii) A description of the efforts taken
and planned to be taken by the Department to
recruit, retain, and develop the existing and
future capital asset workforce of the
Department.
(iv) A description of any changes needed to
the qualifications, standards, position
descriptions and other related matters to
ensure the qualification standards of the
workforce, including those resulting from
implementation of section 101(b)--
(I) match the needs of the
Department; and
(II) align where appropriate with
relevant Federal Government and
industry standards and best practices.
(v) A description of how the Department
will coordinate the capital asset human capital
efforts of the Department across the Veterans
Health Administration, the Office of
Acquisition, Logistics, and Construction, the
National Cemetery Administration, the Veterans
Benefits Administration, the Office of Asset
Enterprise Management, or similar successor
offices, and other entities of the Department
so as to leverage collective efforts, reduce
unnecessary duplication, and identify
opportunities for collaboration and efficiency.
(vi) With respect to a Department-wide
succession plan for leadership and mission-
critical occupations in the capital asset
workforce of the Department--
(I) if such a plan is not already
developed, a timeline for the
development of such a plan; and
(II) if such a plan is already
developed, the current implementation
status of such plan.
(vii) An assessment of different regional
challenges in rural, suburban, and urban areas
to recruit and retain the necessary capital
asset workforce of the Department and steps to
be taken by the Department in response to such
challenges.
(viii) With respect to the report published
by the National Academies of Sciences,
Engineering, and Medicine on December 24, 2019,
entitled ``Facilities Staffing Requirement for
VHA-Resource Planning and Methodology for the
Future''--
(I) a description of the
recommendations from the report that
have already implemented;
(II) a plan and timeline to
implement the recommendations from the
report that have not already been
implemented and the Secretary plans to
implement; and
(III) for each recommendation from
the report that has not already been
implemented and the Secretary does not
plan to implement, a description of the
recommendation and a justification for
the decision not to implement the
recommendation.
(ix) A description of how the Department
will leverage, where appropriate and relevant,
contract support and partnerships with other
Federal agencies, nonprofit organizations, and
other entities to meet the short-, medium-, and
long-term human capital needs for
infrastructure to ensure that the Department
has the experience and workforce needed to
match the current and future projected
infrastructure workload of the Department.
(x) A description of any improvements to
training or curriculum of the Department that
are needed to enhance the education of the
capital asset employees of the Department to
ensure they are as proficient as possible in
their jobs.
(xi) A description of the status of the
implementation of the staffing model
established under section 101(a)(4).
(xii) A description of such legislative or
administrative action as the Secretary
considers necessary to recruit, retain, and
develop a strong capital asset management
workforce.
(xiii) Such other matters as the Secretary
considers necessary.
(C) Staff covered by strategic plan.--Part One
shall cover all relevant staff required for the
effective management of the entire life-cycle of
facilities, land, infrastructure, and other relevant
capital assets of the Department, including the
following:
(i) Individuals who keep facilities clean,
such as janitorial and housekeeping staff and
housekeeping aids.
(ii) Individuals who maintain facilities,
such as through repairs and preventative
maintenance.
(iii) Groundskeepers.
(iv) Planners, engineers, and architects.
(v) Project managers.
(vi) Individuals with expertise in real
estate, acquisition, leasing, and easements.
(vii) Energy or utility experts, including
experts with respect to energy efficiency and
renewable energy.
(viii) Individuals who work in--
(I) capital asset management;
(II) healthcare architecture and
engineering;
(III) environmental management; or
(IV) occupational safety and
health.
(ix) Individuals who conduct contracting,
including contracting officers, related to
capital assets locally, regionally, or
nationally for all various types of
construction or infrastructure work, such as
minor construction, major construction,
nonrecurring maintenance, and leases.
(x) Individuals knowledgeable in relevant
rules and procedures related to property
disposal or transfer, environmental
remediation, historic preservation, and other
similar topics.
(xi) Relevant legal counsel and staff of
the Office of General Counsel needed to perform
relevant duties that occur throughout the
entire life-cycle of capital asset management
activities.
(xii) Any other position that has a
critical role, including supporting or enabling
functions, in the planning, contracting,
delivery, maintenance, upkeep, and disposal of
capital assets.
(xiii) Any other positions the Secretary
determines relevant.
(4) Part two.--
(A) In general.--Part two of the Plan shall cover
the methods undertaken by the Department to accomplish
changes to improve the planning, execution, and
delivery of capital asset projects of the Department,
such as maintenance, renovations, land acquisition,
disposal, reuse, or new construction or leasing,
including through better planning, project management,
cost, and schedule performance (in this subsection
referred to as ``Part Two'').
(B) Elements.--Part Two shall include the
following:
(i) A timeline for accomplishing the
changes described in subparagraph (A).
(ii) A description of the steps the
Department is taking or plans to take to
shorten the time it takes from project concept
to completion while controlling costs and
budget, and achieving established goals.
(iii) A description of the steps the
Department is taking or plans to take to
increase the capacity and ability of the
Department to complete a larger number of
projects in a given year.
(iv) A description of what new or modified
contracting or other services, arrangements,
strategies, contract vehicles or mechanisms,
innovations, pilots, and partnerships the
Department is planning to use during the five-
year period following the date of the Plan,
including--
(I) a timeline of how and when the
Department will test and implement
those approaches; and
(II) a description of any
limitations under current law
(including regulations) that would
prevent or are preventing the
Department from using innovative
contracting vehicles, services,
arrangements, administrative action, or
other agreements and strategies and
what legislative changes are needed to
facilitate use of those approaches,
including a description of whether each
limitation is a limitation for all
Federal agencies or only for the
Department.
(v) A description of the costs incurred or
added to meet Federal or Department standards,
including those for resiliency, accessibility,
and other areas that are needed and may be
greater or more stringent than private industry
standards.
(vi) A description of the steps the
Department is taking or plans to take to
improve capital project delivery by
standardizing facility design, modularizing
facilities components, and taking other steps
to accelerate project delivery while
maintaining flexibility, agility, and quality,
including a timeline for the completion of such
steps.
(vii) A description of steps the Department
is taking or plans to take to make all of its
relevant capital assets energy efficient.
(viii) The steps the Secretary is taking or
plans to take to ensure the Office of
Information and Technology and the Office of
Acquisition, Logistics, and Construction of the
Department, or similar successor offices, are
integrated into all relevant aspects of the
capital asset planning and implementation
process of the Department, including at the
earliest stage of every relevant capital asset
project in the field so as to improve
communication, coordination, and project scope,
cost, and schedule.
(ix) A description of any other actions the
Department is taking or plans to take to
improve its delivery and management of capital
assets.
(x) A description of such legislative or
administrative action as the Secretary
considers necessary to more effectively manage
and deliver needed capital assets of the
Department.
(xi) Such other matters as the Secretary
considers necessary.
(b) Subsequent Reports.--Not later than three years after the date
on which the strategic plan required by subsection (a) is submitted
pursuant to paragraph (1) of such subsection, and once every three
years thereafter for a period of six years, the Secretary shall submit
to the appropriate committees of Congress a report including--
(1) a description of any changes with respect to the
matters described in paragraphs (3) and (4) of subsection (a)
since the strategic plan was submitted or the previous report
was submitted under this subsection, whichever may have been
more recent;
(2) an explanation of which plans, actions, and initiatives
contained in the strategic plan or previous report, as the case
may be, were carried out;
(3) a list of plans, actions, and initiatives from the
strategic plan or previous report, as the case may be, that
were not carried out and the reasons for such lack of action;
(4) a discussion of the results and performance of the
Department since the strategic plan or the previous report, as
the case may be, including in cost savings, faster project
delivery, increased capacity to complete an increased number of
projects in a given year, and reduction in the number of
unaddressed priority capital asset improvements; and
(5) such other matters as the Secretary considers
necessary.
SEC. 203. CENTRALIZED MANAGEMENT OF CAPITAL ASSET DISPOSAL AND REUSE
AND ANNUAL REPORT ON COMPLETION OF DISPOSAL AND REUSE
ACTIVITIES OF DEPARTMENT OF VETERANS AFFAIRS.
(a) Centralized Management.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall, to the greatest extent practicable, centralize and
consolidate the management and oversight of all disposal and
reuse activities of the Department of Veterans Affairs within
one office or sub-office of the Department which shall have the
sole focus of property disposal, including reuse, transfer, and
demolition.
(2) Plans and goals.--The office or sub-office described in
paragraph (1) shall be focused on developing and implementing a
measurable plan with yearly goals to dispose of, reuse, or
transfer relevant capital assets.
(3) Consolidation of functions and employees.--To the
greatest extent practical, the Secretary shall consolidate the
functions and employees of the office or sub-office described
in paragraph (1) within one organization element of the
Department so as to improve effectiveness, efficiency, and
accountability.
(4) Disposal management report.--
(A) Report required.--Not later than one year after
the date of the enactment of this Act, the Secretary
shall submit to the appropriate Committees of Congress
a report on the actions of the Secretary to carry out
this subsection.
(B) Contents.--The report submitted under
subparagraph (A) shall include the following:
(i) A description of whether and how the
consolidation has been carried out as required
by this subsection.
(ii) Identification of the responsible
single official with oversight over all capital
asset disposals of the Department.
(iii) Observations or conclusions regarding
the challenges of managing capital asset
disposals of the Department.
(iv) Such recommendations for
administrative or legislative action as the
Secretary may have to improve the organization
and effectiveness of the capital asset disposal
work of the Department.
(b) Initial Disposal and Reuse Progress Report.--
(1) Report required.--The Secretary shall include with the
budget justification materials that are submitted to Congress
in support of the Department budget for the first fiscal year
beginning after the date of the enactment of this Act (as
submitted with the budget of the President for such fiscal year
under section 1105(a) of title 31, United States Code) a report
containing a specific timeline to accomplish the disposal and
reuse actions the Secretary included in the disposal and reuse
reports included in the annual budget of the Department of
Veterans Affairs submitted by the President under section
1105(a) of title 31, United States Code, or similar future
reports.
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A)(i) A description of a specific timeline and
plan to sell, reuse, dispose of, demolish, transfer, or
otherwise manage the capital assets, including
individual structures and buildings, that the Secretary
has identified in the reports described in such
paragraph in the next fiscal year and over the next
five fiscal years.
(ii) A description under clause (i) shall--
(I) indicate those disposal projects that
the Secretary believes have a business case to
conduct a disposal and those that the Secretary
believes lack a business case; and
(II) include an explanation for such
reasoning.
(B) A list of any impediments or challenges, on a
project by project basis and in the aggregate, to
carrying out any action described in subparagraph (A),
including funding constraints, environmental
remediation and preservation mitigation and any need
for administrative or legislative action to address
those impediments or challenges.
(C) A discussion of whether disposal and reuse
actions do not get completed or initiated because they
may compete for resources with urgent health care
delivery or other more time-sensitive infrastructure or
other operational needs of the Department.
(D) A detailed cost estimate of the funding,
including funding type, needed to accomplish all of the
actions described in paragraph (1), including the
number of fiscal years for which such funding is needed
and an indication of what funding for capital asset
disposal and reuse activities is included in the budget
of the President with which the report under such
paragraph is included.
(E) A discussion of whether the Department would
benefit from having a distinct and separate account
within the budget of the Department dedicated to the
management of the disposal and reuse of these assets.
(F) The cost to maintain capital assets waiting to
be processed for disposal or reuse for the preceding
fiscal year, disaggregated by project.
(G) Such other matters as the Secretary considers
appropriate.
(c) Subsequent Disposal and Reuse Progress Reports.--
(1) Subsequent reports required.--For the first fiscal year
after the fiscal year referred to in subsection (b)(1) and each
fiscal year thereafter, the Secretary shall include with the
budget justification materials that are submitted to Congress
in support of the Department budget (as submitted with the
budget of the President for such fiscal year under section
1105(a) of title 31, United States Code) a report on actions
described in such subsection.
(2) Contents.--Each report required by paragraph (1) shall
include the following:
(A) An update to the most recent report under
subsection (b) or this subsection, as applicable, with
respect to each of subparagraphs (A) through (G) of
paragraph (2) of such subsection.
(B) Information on how many disposal and reuse
actions from the previous year's report were
accomplished or not accomplished.
(C) Information about what may have inhibited the
accomplishment of those actions described in
subparagraph (B) that were not accomplished.
(D) A description of best practices or lessons
learned with respect to actions described in subsection
(b)(1).
(E) Such other matters as the Secretary considers
appropriate and relevant.
SEC. 204. REPORT ON OPTIONS TO IMPROVE MINOR CONSTRUCTION PROGRAM OF
DEPARTMENT OF VETERANS AFFAIRS.
(a) Report Required.--Not later than 180 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 on potential options
and alternatives to improve, reform, and provide more flexibility to
the minor construction activities of the Department of Veterans Affairs
so as to increase effectiveness in commencing and delivering minor
construction capital asset projects.
(b) Contents.--The report submitted under subsection (a) shall
include the following:
(1) A discussion regarding legislative or administrative
action to define the term ``minor construction'' for purposes
of Department budgeting and accounting by using an automatic
adjustment of the threshold using--
(A) an index to adjust for inflation; and
(B) another index to adjust for regional variations
and trends in the cost of construction.
(2) A discussion of whether the practice of the Department
entering into multiple minor construction projects rather than
one larger major construction project is an efficient best
practice for delivery of capital asset projects.
(3) A discussion of whether the Department should adopt any
best practices of other Federal agencies or non-Federal
entities for its minor construction capital asset projects.
(4) Such other suggestions for legislative or
administrative action as the Secretary may have with respect to
the management, including project thresholds, of minor
construction capital asset projects.
(5) Such other matters as the Secretary considers
appropriate.
(c) Definitions.--In this section:
(1) Major construction.--The term ``major construction''
means capital project to construct, alter, extend, or improve
any facility that involves a total expenditure of more than
$20,000,000, including a major medical facility project (as
defined in section 8104(a)(3) of title 38, United States Code).
(2) Minor construction.--The term ``minor construction''
means a capital project to construct, alter, extend, or improve
any facility that involves a total expenditure of $20,000,000
or less.
SEC. 205. REPORT ON IMPROVEMENTS TO ALIGNMENT OF INFORMATION TECHNOLOGY
FUNDING AND ACTIVATION OF MEDICAL AND OTHER SPACE OF
DEPARTMENT OF VETERANS AFFAIRS.
(a) Report Required.--Not later than 180 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 on any potential
improvements to the alignment of funding of the Department of Veterans
Affairs for information technology so as to facilitate more effective
and efficient activation of medical and other relevant space of the
Department.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A description of any current limitations on funding
mechanisms, including the timing and sequencing of information
technology and health care resources that are needed to
purchase, procure, and install information technology equipment
and related information technology assets and services needed
for the activation of medical and other relevant space of the
Department, whether leased, owned, or otherwise under the
jurisdiction of the Department.
(2) Any proposed solutions the Secretary may have to
address the limitations described in paragraph (1).
(3) Any legislative or administrative action required to
achieve the solutions described in paragraph (2).
(4) Such other matters as the Secretary considers
appropriate.
SEC. 206. 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. 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
that 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 each capital asset
project that was completed in the previous
fiscal year.
``(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.
``(iii) With respect to each capital asset
project completed in such year, the following:
``(I) The type of project (major
construction, minor construction, non-
recurring 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.
``(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.
``(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, non-recurring
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, non-
recurring 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) 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, non-recurring maintenance, and
leases, from the medical facilities
appropriation account of the Department.
``(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).
``(C) Metrics.--Beginning not later than two years
after the date of the enactment of the BUILD for
Veterans Act of 2023, the metrics described in
subparagraph (A)(x) shall include the metrics developed
under section 102(a)(1) of such Act.
``(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.
``(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.
``(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
subchapter I 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. 207. REPORTS ON PROJECTED NEED FOR FUNDING FOR INFRASTRUCTURE AND
CAPITAL ASSETS OF DEPARTMENT OF VETERANS AFFAIRS.
(a) Initial Report.--Not later than 180 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 summarizing the
projected amount of funding for infrastructure and capital assets that
the Department of Veterans Affairs will need for the 10 fiscal years
that begin immediately following such date.
(b) Subsequent Reports.--The Secretary shall include in the annual
budget of the Department submitted by the President under section
1105(a) of title 31, United States Code, for fiscal year 2025 and each
fiscal year thereafter a report described in subsection (a) relating to
the 10 fiscal years that begin immediately following the date on which
such budget is submitted.
(c) Elements.--Each report required by this section shall include,
for each fiscal year covered by the report and for the entire period
covered by the report, the following:
(1) The projected funding needs of the Department
disaggregated by funding purpose, including the following:
(A) Land acquisition.
(B) Operations and maintenance of facilities of the
existing capital asset portfolio of the Department to
include the minimum level of funding below which
facilities could not be appropriately maintained.
(C) Operations and maintenance of the planned
future capital asset portfolio of the Department.
(D) New construction, by type, including major
construction, minor construction, and nonrecurring
maintenance.
(E) Leasing.
(F) Activation of space.
(G) Disposal, reuse, and remediation.
(H) Staffing to support the planning, delivery,
management, and maintenance of the Department's current
and future capital asset portfolio.
(I) Such other categories as the Secretary deems
relevant.
(2) The projected funding needs under paragraph (1)
disaggregated by--
(A) not fewer than five major components of the
Department that use infrastructure resources, including
the Veterans Health Administration, the National
Cemetery Administration, the Veterans Benefits
Administration, the Office of Information and
Technology, and all other staff offices of the
Department; and
(B) type of capital asset investment.
(3) A description of the cost increases which may or have
been incurred because of the delay in adequate, stable, and
predictable funding and forward movement on capital asset
projects. Such description may include 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.
(4) A complete list of capital asset projects (regardless
of size or type) for which all relevant preparatory work has
been conducted and whose key limiting factor in commencing is
lack of sufficient funds.
(5) Such other matters as the Secretary considers
appropriate, including matters relating to necessary
legislative or administrative action.
SEC. 208. INSPECTOR GENERAL OF THE DEPARTMENT OF VETERANS AFFAIRS
REPORTS ON DEPARTMENT INFRASTRUCTURE PROJECTS.
(a) In General.--Not later than three years after the date of the
enactment of this Act, and at least twice during the six-year period
beginning on the date that is three years after the date of the
enactment of this Act, the Inspector General of the Department of
Veterans Affairs shall submit to the appropriate committees of Congress
a report examining the management and performance of relevant capital
asset projects of the Department.
(b) Sample Projects.--The Inspector General shall select meaningful
and representative samples of categories of projects and project
management efforts for review, including those that were initiated
before the date of the enactment of this Act and those that were
initiated on or after the date of the enactment of this Act, such as
major construction, minor construction, nonrecurring maintenance, major
and minor leases, land acquisition, and disposals.
(c) Elements.--Each report submitted under subsection (a) may
include, at the discretion of the Inspector General, the following:
(1) A comparison of planned versus actual cost, schedule,
and scope metrics.
(2) Improvements or lack thereof to capital asset project
management, including staffing, at the local, regional, or
national levels.
(3) Observations on key characteristics inhibiting
successful delivery of projects or allowing for successful
delivery of projects.
(4) Identification of areas of waste, fraud, and abuse, if
any.
(5) Such other matters as the Inspector General considers
appropriate.
SEC. 209. COMPTROLLER GENERAL REPORTS ON CAPITAL ASSET PROGRAM
MANAGEMENT AND EXECUTION BY DEPARTMENT OF VETERANS
AFFAIRS.
(a) In General.--Not later than three years after the date of the
enactment of this Act and not less frequently than once every three
years thereafter until the date that is 9 years after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the appropriate committees of Congress a report
reviewing the progress of the Department of Veterans Affairs toward
meeting the goals, metrics, and other plans of the Department under
this Act, particularly under sections 101, 102, and 202.
(b) Elements.--Each report required by subsection (a) may include
the following:
(1) A review of the performance of the Department related
to planning, oversight, management of human capital,
contracting, and execution of capital asset projects.
(2) A review of how the Department is complying with the
requirements of this Act.
(3) Such other topics as the Comptroller General considers
appropriate.
SEC. 210. REPORT ON DENTAL CARE PHYSICAL INFRASTRUCTURE NEEDS OF
DEPARTMENT OF VETERANS AFFAIRS.
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, on--
(1) the physical infrastructure needed (such as new
facilities, renovations, remodels, leases, or other
infrastructure) to provide dental services to veterans eligible
for such services under the laws administered by the Secretary;
and
(2) the project by project cost and total cost to establish
the physical infrastructure specified under paragraph (1) and
an estimated timeline to complete such projects upon receipt of
appropriate funding.
SEC. 211. REPORT ON LONG-TERM CARE PHYSICAL INFRASTRUCTURE NEEDS OF
DEPARTMENT OF VETERANS AFFAIRS.
(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.
(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.
(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 to manage 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.
(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.
SEC. 212. REPORT ON FEASIBILITY AND ADVISABILITY OF USING A DEDICATED
BUDGET ACCOUNT FOR MAINTENANCE OF CAPITAL ASSETS OF
DEPARTMENT OF VETERANS AFFAIRS.
(a) Report Required.--Not later than 180 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 on the feasibility
and advisability of requesting that Congress create a dedicated budget
account from which the Department of Veterans Affairs would request
funds, based on relevant methodology, formulas and percentages tied to
the existing and future capital asset needs of the Department, and if
such funds are provided, draw upon to pay for maintenance, preventative
maintenance, and repair of the capital assets of the Department.
(b) Contents.--The report required by subsection (a) shall include
the following:
(1) The best practices used by the Department, drawing from
the Federal Government, State and local governments, nonprofit
organizations, private industry, and other appropriate
entities, relating to stable and consistent planning and
budgeting for capital asset maintenance.
(2) Relevant formulas and percentages that the Department
currently uses to identify the resources required for capital
asset maintenance or could use to dedicate or segment off funds
to pay for needed and expected maintenance costs based on the
size, need, complexity, and other requirements of the capital
asset portfolio of the Department.
(3) Such other information as the Secretary considers
appropriate.
SEC. 213. REPORT ON WOMEN VETERANS RETROFIT INITIATIVE.
Section 5102 of the Deborah Sampson Act of 2020 (title V of Public
Law 116-315; 38 U.S.C. 8110 note) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Report on Projects.--
``(1) In general.--Not later than one year after the date
of the enactment of the BUILD for Veterans Act of 2023, the
Secretary shall submit to the appropriate committees of
Congress a report containing--
``(A) an identification of the funding requested
and the funding provided to the Department for
retrofitting prioritized under subsection (a) as of the
date of the report;
``(B) a list of projects conducted with such
funding as of such date, including--
``(i) amounts obligated for each such
project;
``(ii) the locations of each such project;
``(iii) a short description of each such
project; and
``(iv) the status of each such project,
including an estimated timeline to complete the
project; and
``(C) a list of projects for retrofitting
prioritized under subsection (a) as of such date that
remain unfunded as of such date, including--
``(i) the estimated funding required for
those projects to be completed, on a project by
project basis; and
``(ii) an estimated timeline to complete
each such project if necessary funding and
other resources are provided.
``(2) Updates.--Not later than one year after the submittal
of the report under paragraph (1), and annually thereafter
until the earlier of the date that is 10 years after the
submittal of such report or the date on which all projects
listed under subparagraphs (B) and (C) of such paragraph have
been completed, the Secretary shall submit to the appropriate
committees of Congress a report on--
``(A) the progress made by the Secretary in
completing such projects; and
``(B) an identification of the funding requested
and the funding provided to the Department to complete
such projects.
``(3) Appropriate committees of congress.--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.''.
SEC. 214. 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 one year 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.
(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.
(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 in an effective and efficient manner.
(C) Such matters as the Secretary deems relevant to
maintain and further improve and advance the research
and development functions of the Department through
improved capital asset and information technology
support.
(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.--Each
project shall be identified 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) 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.
(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. 215. REVIEW AND REPORT ON PROVISIONS OF LAW RELATING TO DEPARTMENT
OF VETERANS AFFAIRS CAPITAL ASSET MANAGEMENT AND
OVERSIGHT.
(a) Review.--The Secretary of Veterans Affairs shall review all
relevant authorities of the Department of Veterans Affairs, including
those in section 312A of title 38, United States Code, and determine
whether the provisions of such authorities are meaningful, relevant,
and reflect the current operational needs, organization structure, and
all other necessary requirements for the full life-cycle of effective
and efficient management of capital assets.
(b) Report.--Not later than 270 days after the date of the
enactment of this Act, the Secretary shall submit to Congress a report
regarding whether the authorities reviewed under subsection (a) should
be revised to align more closely with current and future projected
operational needs of the Department.
(c) Contents.--The report required by subsection (b) shall include
the following:
(1) An assessment of whether other offices,
administrations, or entities of the Department should be
directed to formally assume certain functions currently
assigned to officials of the Department, including to the
Deputy Secretary, the Director of Construction and Facilities
Management, the Under Secretary for Health, the Assistant
Secretary for Management, and the Chief Financial Officer,
pursuant to statute or Departmental practice, so as to match
operational realties and needs, directives, policies, and
procedures of the Department, to improve efficiencies,
streamline management and lines of authority, responsibility,
and accountability or other reasons that would be beneficial to
the capital asset management of the Department.
(2) An assessment of whether capital asset functions
currently not clearly assumed or controlled by other entities
of the Department should be more clearly assigned to relevant
offices of the Department to match operational realities and
needs, directives, policies, and procedures of the Department,
to improve efficiencies, streamline management and lines of
authority and responsibility, or other reasons that would be
beneficial to the capital asset management of the Department.
(3) Identification of whether any new offices, structures,
positions, or reporting lines should be created or modified in
the Department to improve operational effectiveness,
performance, and accountability for capital asset management.
(4) An assessment of whether a modified Departmental
organizational structure and changes to relevant statutory
provisions could create a clearly identified single line of
accountability and responsibility for the full life-cycle of
capital asset management activities of the Department so as to
improve effectiveness, efficiency, performance, and stability
of Departmental capital asset management.
(5) Specific reasons for the statutory or other changes
that are recommended in the report or if no changes are
necessary, a justification for not making any changes,
including a statement providing the single responsible
executive and office in charge of managing all capital asset
management activities of the Department as of the date of the
report.
(6) Identification of such legislative or administrative
action as the Secretary determines necessary to implement the
changes necessary to improve capital asset management at the
Department.
SEC. 216. IMPROVING PREVENTION, DETECTION, AND REPORTING OF WASTE,
FRAUD, AND ABUSE IN DEPARTMENT OF VETERANS AFFAIRS
CAPITAL ASSET PROJECTS AND ACTIVITIES.
(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.
(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 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.
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