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114th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 114-48
======================================================================
DEPARTMENT OF VETERANS AFFAIRS BUDGET PLANNING REFORM ACT OF 2015
_______
March 23, 2015.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Miller of Florida, from the Committee on Veterans' Affairs,
submitted the following
R E P O R T
[To accompany H.R. 216]
[Including cost estimate of the Congressional Budget Office]
The Committee on Veterans' Affairs, to whom was referred
the bill (H.R. 216) to amend title 38, United States Code, to
direct the Secretary of Veterans Affairs to submit to Congress
a Future-Years Veterans Program and a quadrennial veterans
review, to establish in the Department of Veterans Affairs a
Chief Strategy Officer, and for other purposes, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
CONTENTS
Page
Amendment........................................................ 2
Purpose and Summary.............................................. 6
Background and Need for Legislation.............................. 6
Hearings......................................................... 8
Subcommittee Consideration....................................... 9
Committee Consideration.......................................... 9
Committee Votes.................................................. 9
Committee Oversight Findings..................................... 9
Statement of General Performance Goals and Objectives............ 9
New Budget Authority, Entitlement Authority, and Tax Expenditures 9
Earmarks and Tax and Tariff Benefits............................. 10
Committee Cost Estimate.......................................... 10
Congressional Budget Office Estimate............................. 10
Federal Mandates Statement....................................... 11
Advisory Committee Statement..................................... 11
Constitutional Authority Statement............................... 11
Applicability to Legislative Branch.............................. 11
Statement on Duplication of Federal Programs..................... 11
Disclosure of Directed Rulemaking................................ 12
Section-by-Section Analysis of the Legislation................... 12
Changes in Existing Law Made by the Bill as Reported............. 13
Amendment
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Veterans Affairs Budget
Planning Reform Act of 2015''.
SEC. 2. ESTABLISHMENT OF STRATEGIC PLANS TO IMPROVE PROGRAMS AND
BENEFITS FOR VETERANS.
(a) Future-Years Veterans Program.--
(1) In general.--Chapter 1 of title 38, United States Code,
is amended by adding at the end the following new section:
``Sec. 119. Future-Years Veterans Program
``(a) Submission to Congress.--The Secretary shall submit to Congress
each year, at or about the time that the President's budget is
submitted to Congress pursuant to section 1105(a) of title 31, a
Future-Years Veterans Program reflecting the estimated expenditures and
proposed appropriations included in that budget. Any such Future-Years
Veterans Program shall cover the fiscal year with respect to which the
budget is submitted and at least the four succeeding fiscal years.
``(b) Consistency.--(1) The Secretary shall ensure that amounts
described in subparagraph (A) of paragraph (2) for any fiscal year are
consistent with amounts described in subparagraph (B) of such paragraph
for that fiscal year.
``(2) Amounts referred to in paragraph (1) are the following:
``(A) The amounts specified in program and budget information
submitted to Congress by the Secretary in support of
expenditure estimates and proposed appropriations in the budget
submitted to Congress by the President under section 1105(a) of
title 31 for any fiscal year, as shown in the Future-Years
Veterans Program submitted pursuant to subsection (a).
``(B) The total amounts of estimated expenditures and
proposed appropriations necessary to support the programs,
projects, and activities of the Department of Veterans Affairs
included pursuant to paragraph (5) of section 1105(a) of title
31 in the budget submitted to Congress under that section for
any fiscal year.
``(c) Contents.--The Future-Years Veterans Program under subsection
(a) shall set forth the five-year plan of the Department to address the
commitment of the United States to veterans and the resources necessary
to meet that commitment and shall be developed and updated, as
appropriate, annually by the Secretary. Each Future-Years Veterans
Program shall include an explanation of--
``(1) the information that was used to develop program
planning guidance for the Future-Years Veterans Program; and
``(2) how the resource allocations included in the Future-
Years Veterans Program correlate to such five-year strategy.
``(d) Publication.--The Secretary shall publish on a publically
accessible Internet website of the Department each Future-Years
Veterans Program submitted pursuant to subsection (a).''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 118 the following new item:
``119. Future-Years Veterans Program.''.
(3) Effective date.--Section 119 of title 38, United States
Code, as added by paragraph (1), shall apply with respect to
the preparation and submission of the budget request for the
Department of Veterans Affairs for fiscal year 2020 and fiscal
years thereafter.
(b) Quadrennial Veterans Review.--
(1) In general.--Such chapter is further amended by adding
after section 119, as added by subsection (a)(1), the following
new section:
``Sec. 120. Quadrennial veterans review
``(a) Requirement.--(1) Not later than fiscal year 2019, and every
fourth year thereafter, the Secretary shall conduct a review of the
strategy for meeting the commitment of the United States to veterans
and the resources necessary to meet that commitment (in this section
referred to as a `quadrennial veterans review').
``(2) Each quadrennial veterans review shall include a comprehensive
examination of the policies and strategies of the United States with
respect to veterans, including recommendations regarding the long-term
strategy and priorities for programs, services, benefits, and outcomes
regarding veterans and guidance on the programs, assets, capabilities,
budget, policies, and authorities of the Department.
``(3) The Secretary shall conduct each quadrennial veterans review in
consultation with key officials of the Department, the heads of other
Federal agencies, and other relevant governmental and nongovernmental
entities, including State, local, and tribal government officials,
members of Congress, veterans service organizations, private sector
representatives, academics, and other policy experts.
``(4) The Secretary shall ensure that each quadrennial veterans
review is coordinated with the Future-Years Veterans Program required
under section 119 of this title.
``(b) Contents of Review.--In each quadrennial veterans review, the
Secretary shall--
``(1) delineate a veterans strategy consistent with the
commitment of the United States to veterans and refine a
strategy for the types of, and provision of, programs,
services, benefits, and outcomes consistent with current
authorities and requirements;
``(2) outline and prioritize the full range of programs and
capabilities regarding veterans provided by the Federal
Government;
``(3) identify the budget plan required to provide sufficient
resources to successfully execute the full range of such
programs and capabilities;
``(4) include an assessment of the organizational alignment
of the Department with respect to the strategy referred to in
paragraph (1) and the programs and capabilities referred to in
paragraph (2);
``(5) review and assess the effectiveness of the mechanisms
of the Department for executing the process of turning the
requirements identified in the quadrennial veterans review into
a plan to meet such requirements, including an expenditure plan
for the Department; and
``(6) identify emerging trends, problems, opportunities, and
issues that could affect veterans or the Department during the
ten-year period following the period covered by the review.
``(c) Submission to Congress.--(1) The Secretary shall submit to the
Committees on Veterans' Affairs of the Senate and the House of
Representatives a report regarding each quadrennial veterans review.
The Secretary shall submit the report in the year following the year in
which the review is conducted, but not later than the date on which the
President submits to Congress the budget for the next fiscal year under
section 1105 of title 31.
``(2) Each report submitted under paragraph (1) shall include--
``(A) the results of the quadrennial veterans review;
``(B) a description of the challenges to, and opportunities
for, the assumed or defined veterans-related interests of the
Nation that were examined for the purposes of that review;
``(C) the strategy for meeting the Nation's commitment to
veterans, including a prioritized list of the missions of the
Department;
``(D) a description of the interagency cooperation,
preparedness of Federal assets, infrastructure, budget plan,
and other elements of the programs and policies of the Nation
associated with the strategy referred to in subsection (b)(1)
that are required to execute successfully the full range of
programs and capabilities identified in such strategy and the
programs and capabilities outlined under subsection (b)(2);
``(E) an assessment of the organizational alignment of the
Department with the strategy referred to in subsection (b)(1)
and the programs and capabilities outlined under subsection
(b)(2), including the Department's organizational structure,
management systems, budget and accounting systems, human
resources systems, procurement systems, and physical and
technical infrastructure;
``(F) a discussion of the status of cooperation among Federal
agencies in the effort to promote national support for
veterans;
``(G) a discussion of the status of cooperation between the
Federal Government and State, local, and tribal governments in
supporting veterans and providing programs, services, benefits,
and outcomes to assist veterans;
``(H) an explanation of any underlying assumptions used in
conducting the review; and
``(I) any other matter the Secretary considers appropriate.
``(d) Publication.--The Secretary shall publish on a publically
accessible Internet website of the Department each quadrennial veterans
review submitted pursuant to subsection (c).
``(e) Independent Veterans Review Panel.--(1) Not later than February
1 of a year in which a quadrennial veterans review is conducted under
this section, the Secretary shall establish an independent panel to be
known as the Independent Veterans Review Panel (in this subsection
referred to as the `Panel'). The Panel shall have the duties set forth
in this subsection.
``(2) The Panel shall be composed of 10 members who are recognized
experts in matters relating to veterans. The members shall be appointed
as follows:
``(A) Two by the chairman of the Committee on Veterans'
Affairs of the House of Representatives.
``(B) Two by the chairman of the Committee on Veterans'
Affairs of the Senate.
``(C) Two by the ranking member of the Committee on Veterans'
Affairs of the House of Representatives.
``(D) Two by the ranking member of the Committee on Veterans'
Affairs of the Senate.
``(E) Two by the Secretary, who shall serve as co-chairs of
the panel.
``(3) Members shall be appointed for the life of the Panel. Any
vacancy in the Panel shall be filled in the same manner as the original
appointment.
``(4) The Panel shall have the following duties with respect to a
quadrennial veterans review:
``(A) While the review is being conducted, the Panel shall
review the updates from the Secretary required under paragraph
(7) on the progress of the conduct of the review.
``(B) The Panel shall--
``(i) review the Secretary's terms of reference and
any other materials providing the basis for, or
substantial inputs to, the work of the Department of
Veterans Affairs on the quadrennial veterans review;
``(ii) conduct an assessment of the assumptions,
strategy, findings, and risks included in the report on
the quadrennial veterans review required in subsection
(c);
``(iii) conduct an independent assessment of a
variety of strategies for delivering services and
support to veterans;
``(iv) review the resource requirements identified
pursuant to subsection (b)(3) and, to the extent
practicable, make a general comparison to the resource
requirements to support the strategies assessed under
this subparagraph; and
``(v) provide to the Committees on Veterans' Affairs
of the Senate and the House of Representatives and the
Secretary, through the report under paragraph (7), any
recommendations the Panel determines appropriate.
``(5) If the Secretary has not appointed members to the Panel under
paragraph (2)(E) by February 1 of a year in which a quadrennial
veterans review is conducted under this section, the Panel shall
convene for its first meeting with the remaining members.
``(6) Not later than three months after the date on which the report
on a quadrennial veterans review is submitted under subsection (c) to
the Committees on Veterans' Affairs of the Senate and the House of
Representatives, the Panel shall submit to such committees a report
containing an assessment of the quadrennial veterans review, including
a description of the items addressed under paragraph (4) with respect
to that quadrennial veterans review.
``(7) Periodically, but not less often than every 60 days during the
life of the panel, or at the request of the co-chairs, the Secretary
shall brief the Panel on the progress of the conduct of the quadrennial
veterans review.
``(8)(A) The Panel may request directly from the Department such
information as the Panel considers necessary to carry out its duties
under this subsection. The Secretary shall cooperate with the Panel to
ensure that information requested by the Panel under this subparagraph
is promptly provided to the maximum extent practical.
``(B) Upon the request of the co-chairs, the Secretary shall make
available to the Panel the services of any federally funded research
and development center that is covered by a sponsoring agreement of the
Department.
``(C) The Panel shall have the authorities provided in section 3161
of title 5 and shall be subject to the conditions set forth in such
section.
``(D) Funds for activities of the Panel shall be provided from
amounts available to the Department.
``(9) The Panel shall terminate 45 days after the date on which the
Panel submits the report on the quadrennial veterans review under
paragraph (6).''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 119, as added by subsection (a)(2),
the following new item:
``120. Quadrennial veterans review.''.
(c) Policy Guidance.--
(1) In general.--Such chapter is further amended by adding
after section 120, as added by subsection (b)(1), the following
new section:
``Sec. 121. Policy guidance
``The Secretary shall provide annually to the appropriate officials
of the Department written policy guidance for the preparation and
review of the planning and program recommendations and budget proposals
of the elements of the Department of such officials. Such guidance
shall include guidance on the objectives of the Department in
accordance with Future-Years Veterans Program under section 119 of this
title and the quadrennial veterans review under section 120 and the
resource levels projected to be available for the period of time for
which such recommendations and proposals are to be effective.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 120, as added by subsection (b)(2),
the following new item:
``121. Policy guidance.''.
SEC. 3. CHIEF STRATEGY OFFICER OF THE DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Chapter 3 of title 38, United States Code, is
amended by adding at the end the following new section:
``Sec. 323. Chief Strategy Officer
``(a) In General.--The Secretary shall designate the Assistant
Secretary whose functions include planning, studies, and evaluations as
the Chief Strategy Officer of the Department. The Chief Strategy
Officer shall advise the Secretary on long-range strategy and
implications.
``(b) Responsibilities.--The Chief Strategy Officer is the principal
advisor to the Secretary and other senior officials of the Department,
and shall provide independent analysis and advice to the Secretary and
such officials. The Chief Strategy Officer shall carry out the
following responsibilities:
``(1) Conducting cost estimation and cost analysis for the
programs of the Department.
``(2) Establishing policies for, and overseeing the
integration of, the planning, programming, budgeting and
execution process for the Department.
``(3) Providing analysis and advice on matters relating to
the planning and programming phase of the planning,
programming, budgeting and execution process, and the
preparation of materials and guidance for such process, as
directed by the Secretary, working in coordination with the
Assistant Secretary for Management.
``(4) Developing and executing the Future-Years Veterans
Program of the Department, as specified under section 119 of
this title.
``(5) Developing resource discussions relating to
requirements under consideration in the quadrennial veterans
review under section 120 of this title.
``(6) Formulating study guidance for analysis of alternatives
for programs and initiatives, including any necessary
acquisitions, development, or procurement commensurate with
such alternatives, and performance of such analysis as directed
by the Secretary.
``(7) Reviewing, analyzing, and evaluating programs for
executing approved strategies and policies, ensuring that
information on programs and expected outcomes is presented
accurately and completely.
``(8) Ensuring that the costs of programs and alternatives
are presented accurately and completely by assisting in
establishing standards, policies, and procedures for the
conduct of cost estimation and cost analysis throughout the
Department, including guidance relating to the proper selection
of confidence levels in cost estimates generally and for
specific programs of the Department.
``(9) Conducting studies at the request of the Secretary
regarding costs, policy assumptions, and strategic implications
of current policies and possible alternatives.
``(10) Communicating directly to the Secretary and the Deputy
Secretary of Veterans Affairs about matters for which the Chief
Strategy Officer is responsible without obtaining the approval
or concurrence of any other official within the Department.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
322 the following new item:
``323. Chief Strategy Officer.''.
Purpose and Summary
H.R. 216, the ``Department of Veterans Affairs Budget
Planning Reform Act of 2015'' was introduced on January 8,
2015, by Committee Ranking Minority Member Corrine Brown of
Florida and Committee Chairman Jeff Miller of Florida. H.R.
216, as amended, would establish a Future Years Veterans
Program (FYVP) to require a submission by VA of estimated
expenditures and proposed appropriations necessary to support
the programs, projects, and activities of VA covering, at a
minimum, a five-year period; require VA to conduct a
Quadrennial Veterans Review (QVR) every four years and to
submit such review to the Congress, as well as establish an
Independent Veterans Review Panel to review the QVR; and direct
VA to designate a Chief Strategy Officer to be the principal
advisor to the Secretary on long range planning activities.
Background and Need for Legislation
In its present form, the Department of Veterans Affairs
budget process does not provide sufficient information on not
only current resource requirements, but also future funding
needs. To improve the budget formulation process and by
extension, the Committee's understanding of the Departments
goals and the resources needed to meet those goals, Section 2
of H.R. 216, as amended, would reform the manner in which the
Department of Veterans Affairs (VA) determines, plans for, and
delivers health care, benefits and services, by requiring the
VA to periodically review and assess veterans' needs, identify
a plan of action to meet these changing needs, and align its
resource requirements with its current, and future, operations.
Section 2 would do this by codifying a planning, programming,
and budget execution process (PPBE) within VA. In its origins,
PPBE (then known as PPBS) goes back over five decades to the
Department of Defense (DoD).\1\ Before the advent of the PPBS
budgeting system, the defense budget was described as follows:
---------------------------------------------------------------------------
\1\ See, generally, Chapter IV, ``The FY 1963 Budget: Introducing
the PPBS,'' History of the Office of the Secretary of Defense, Volume
5, The McNamara Ascendancy, Lawrence S. Kaplan, et al, Office of the
Secretary, Historical Office (2006).
The defense budget was far from the vital policy
instrument it should have been. Rather than a mechanism
for integrating strategy, forces, and costs, it was
essentially a bookkeeping device for dividing funds
between Services and accounts and a blunt instrument
for keeping a lid on defense spending. The information
contained in the defense budget was primarily useful
for day-to-day administration of the hundreds of
departments and agencies in DoD. It was not very useful
for helping the President, members of the Congress, and
the Secretary of Defense to establish priorities and
choose between competing programs. In fact, by focusing
their attention on individual appropriation titles such
as procurement or construction or personnel rather than
major missions such as strategic retaliatory forces or
continental air defense forces, it detracted from
making such judgments.\2\
---------------------------------------------------------------------------
\2\ How Much is Enough?: Shaping the Defense Program 1961-1963,
Alain C. Enthoven and K. Wayne Smith, Rand Corporation (2005, 1971) at
11.
The PPBE process is intended to better align resources and
requirements.\3\ ``PPBE is an agency-wide methodology for
aligning resources in a comprehensive, disciplined, top-down
approach that supports the agency's vision and mission. It
focuses on translating strategy into actionable programs and
bringing together agency priorities and strategic outcomes
within the agency's resource constraints.''\4\
---------------------------------------------------------------------------
\3\ Prior to the advent of PPBS at the DoD, Enthoven describes the
prevailing system as: ``The results of requirements planning done
without explicit regard to costs, and budget planning done without
explicit regard to needs, were absolutely predictable: open ended
requirements met arbitrary budget ceilings, and something had to give.
Again, predictably, it was military requirements. The idea became
accepted that the budget would meet less than the full stated
requirement in any given year, with whatever remained being an
unanalyzed `risk' to be accepted by the administration. Thus, the
administration had its budget, the military its requirements. This
approach was bound to produce imbalances and inconsistencies. Half of a
$100-billion defense program chosen unsystematically is very different
from a balanced, carefully chosen $50-billion program.'' Ibid, at 14.
\4\ NASA Financial Management Requirements Volume 4 Planning
Programming Budgeting and Execution July 2006 Office of the Chief
Financial Officer, at 1-1.
---------------------------------------------------------------------------
Section 2 of H.R. 216, as amended, would assist the VA's
nascent efforts in establishing a fully mature PPBE system
within the VA by codifying the following framework:
Future-Years Veterans Program
Section 2(a) of H.R. 216, as amended, would, beginning in
FY 2020, require VA to submit a Future-Years Veterans Program
with its annual budget submission. The Future-Years Veterans
Program would lay out a five-year programming plan matched to
the VA's current and projected needs and aligned with a
carefully considered plan of action. The Future-Years Veterans
Program would be submitted to Congress annually and published
on a publicly accessible Internet website of the VA.
Quadrennial Veterans Review
To inform the preparation of the Future-Years Veterans
Program, section 2(b) of H.R. 216, as amended, requires VA to
conduct a Quadrennial Veterans Review every four years,
beginning in FY 2019. The Quadrennial Veterans Review is to be
a comprehensive forward-looking examination of the
opportunities, challenges, policies and strategies of the
Nation as they relate to veterans. The QVR is the basis for the
Future-Years Veterans Program, and ensures that VA's roadmap is
aligned with where it needs to go. The QVR would be submitted
to Congress and published on a publicly accessible Internet
website of the VA.
In addition to the process mandated in H.R. 216, as amended
regarding the formulation of the QVR, an Independent Veterans
Review Panel would be mandated. This panel would be comprised
of 10 members who are ``recognized experts in matters relating
to veterans'' and appointed by the Chair and Ranking Members of
the Committees on Veterans' Affairs of the Senate and House of
Representatives, as well as by the Secretary. The Panel would
be charged with reviewing the process by which the QVR is
formulated and would submit a report assessing the QVR to the
Committees on Veterans' Affairs of the Senate and House of
Representatives not later than three months after the QVR is
submitted.
Policy Guidance
Section 2(c) of H.R. 216, as amended, requires the
Secretary to provide annual policy guidance to inform the
preparation and review of VA's planning, programming and budget
proposals to ensure that VA's near-term budgets are aligned
with VA's longer term strategic outlook. This ensures overall
accountability and that all of the VA's various components are
aligned with its overall strategy.
Chief Strategy Officer
Section 2(d) of H.R. 216, as amended, would designate a
Chief Strategy Officer to provide the Secretary with long-range
strategies and implications, and to bolster VA's analytical and
cost-estimation capabilities.
The Committee does not initially expect that VA will be
able to provide the same level of detailed information in the
Quadrennial Veterans Review (as added by section 2(b)) or the
Future Years Veterans Program (as added by section 2(a)) as
that provided by DoD and other federal agencies with more
experience in the PPBE process, but the Committee does expect
VA to strive to meet the overall goal of a robust PPBE system.
The Committee believes that the PPBE system will lead to a more
transparent resourcing process from VA, and enable the VA to
weigh alternatives, enunciate milestones, more rationally plan
for, and expend, resources across the entire department. PPBE
will lead to more detailed budget submissions that will assist
Congress in providing the resources needed by the VA. PPBE will
provide a greater degree of transparency to the public
regarding the resource requirements of the VA and the choices
made by the Department to meet its mission. Finally, the
Committee believes that a PPBE system is critical to support
the advance appropriations funding mechanism currently in place
for VA medical care and a number of VA mandatory accounts,
which comprise about 94 percent of the VA's annual budget.
The Committee believes that ultimately a PPBE system will
lead to greater accountability and provide the tools for VA to
meet its obligations to, in the words of Abraham Lincoln that
serves as the VA's motto, ``care for him who shall have borne
the battle, and for his widow, and his orphan.''
Hearings
On January, 27, 2015, the House Committee on Veterans'
Affairs conducted a legislative hearing on H.R. 216. The
following witnesses testified:
The Honorable Alan Grayson of Florida; Mr. David R.
McLenachen, Acting Deputy Under Secretary for Disability
Assistance, Veterans Benefits Administration, U.S. Department
of Veterans Affairs; accompanying Mr. Mclenachen was Dr. Rajiv
Jain, Assistant Under Secretary for Health for Patient
Services, Veterans Health Administration; Ms. Susan Sullivan,
Deputy Assistant Secretary for Policy and Planning, and Ms. Kim
McLeod, Counsel, Office of General Counsel, all of the U.S.
Department of Veterans Affairs; Mr. Joseph A. Violante,
National Legislative Director, Disabled American Veterans; Mr.
Aleks Morosky, Deputy Director National Legislative Service,
Veterans of Foreign Wars; Mr. Zachary Hearn, Deputy Director of
Claims of the Veterans Affairs and Rehabilitation Commission of
The American Legion; and Blake Ortner, Deputy Government
Relations Director.
Subcommittee Consideration
There was no Subcommittee consideration of these bills.
Committee Consideration
On February 12, 2015, the full Committee met in an open
markup session, a quorum being present, and ordered H.R. 216,
as amended, reported favorably to the House of Representatives
by voice vote.
During consideration of H.R. 216, the following amendments
were considered and agreed to by voice vote:
An amendment in the nature of a substitute offered by Ms.
Brown of Florida that removed a study requirement and added
provisions relating to publication, and an amendment to the
amendment in the nature of a substitute offered by Mr. Lamborn
of Colorado adding a provision establishing an Independent
Veterans Review Panel.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the recorded
votes on the motion to report the legislation and amendments
thereto. There were no recorded votes taken on amendments or in
connection with ordering H.R. 216, as amended, reported to the
House. A motion by Ranking Member Corrine Brown of Florida to
report H.R. 216, as amended, favorably to the House of
Representatives was agreed to by voice vote.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the descriptive portions of
this report.
Statement of General Performance Goals and Objectives
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee's performance
goals and objectives are reflected in the descriptive portions
of this report.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee adopts as its
own the estimate of new budget authority, entitlement
authority, or tax expenditures or revenues contained in the
cost estimate prepared by the Director of the Congressional
Budget Office pursuant to section 402 of the Congressional
Budget Act of 1974.
Earmarks and Tax and Tariff Benefits
H.R. 216, as amended, does not contain any Congressional
earmarks, limited tax benefits, or limited tariff benefits as
defined in clause 9 of rule XXI of the Rules of the House of
Representatives.
Committee Cost Estimate
The Committee adopts as its own the cost estimate on H.R.
216, as amended, prepared by the Director of the Congressional
Budget Office pursuant to section 402 of the Congressional
Budget Act of 1974.
Congressional Budget Office Cost Estimate
Pursuant to clause 3(c)(3) of rule XIII of the Rules of the
House of Representatives, the following is the cost estimate
for H.R. 216, as amended, provided by the Congressional Budget
Office pursuant to section 402 of the Congressional Budget Act
of 1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, March 2, 2015.
Hon. Jeff Miller,
Chairman, Committee on Veterans' Affairs,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 216, the
Department of Veterans Affairs Budget Planning Reform Act of
2015.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Dwayne M.
Wright.
Sincerely,
Douglas W. Elmendorf,
Director.
Enclosure.
H.R. 216--Department of Veterans Affairs Budget Planning Reform Act of
2015
H.R. 216 would require the Department of Veterans Affairs
(VA) to submit several reports to the Congress and to designate
a current Assistant Secretary as the Chief Strategy Officer
(CSO) for the department. CBO estimates that implementing H.R.
216 would cost $3 million over the 2016-2020 period, subject to
the availability of appropriated funds. Enacting H.R. 216 would
not affect direct spending or revenues; therefore, pay-as-you-
go procedures do not apply.
Section 2 would require VA to submit to the Congress
several reports. The first report would be entitled the Future-
Years Veterans Program and would include a spending plan for
the subsequent five years as well as a plan for meeting the
goals of the department. It would be included as part of VA's
annual budget submission to the Congress, starting with the
budget submission for 2020. VA also would be required to
complete a quadrennial review of the policies, strategies,
benefits, and services for veterans provided by the department.
That review would start in 2019 and be completed every four
years thereafter. Based on the costs of existing reporting
requirements, CBO estimates that preparing the required report
and review would cost $1 million over the 2016-2020 period.
In every year for which a quadrennial review is being
conducted, VA also would be required to establish an
Independent Veterans Review Panel of 10 individuals appointed
by the Congress and VA to conduct a review and assessment of
the assumptions, strategies, and findings of the quadrennial
review. The individuals comprising the Independent Veteran
Review Panel would be eligible for compensation not to exceed
the pay for a federal employee being paid at the GS-15 General
Schedule pay rate. Based on this information, CBO estimates
that operating the review panel would cost about $1 million
over the 2016-2020 period.
Section 3 would require VA to designate a current Assistant
Secretary as the CSO for the department. The CSO would be
responsible for providing advice and analysis regarding the
programming and budgeting of department activities. CBO
estimates that providing a staff to support activities of the
CSO would cost $1 million over the 2016-2020 period.
H.R. 216 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Dwayne M.
Wright. The estimate was approved by Theresa Gullo, Deputy
Assistant Director for Budget Analysis.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates regarding H.R. 216, as amended, prepared by the
Director of the Congressional Budget Office pursuant to section
423 of the Unfunded Mandates Reform Act.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act would be created by H.R.
216, as amended.
Statement of Constitutional Authority
Pursuant to Article I, section 8 of the United States
Constitution, the reported bill is authorized by Congress'
power to ``provide for the common Defense and general Welfare
of the United States.''
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Statement on Duplication of Federal Programs
Pursuant to section 3(g) of H. Res. 5, 114th Cong. (2015),
the Committee finds that no provision of H.R. 216, as amended,
establishes or reauthorizes a program of the Federal Government
known to be duplicative of another Federal program, a program
that was included in any report from the Government
Accountability Office to Congress pursuant to section 21 of
Public Law 111-139, or a program related to a program
identified in the most recent Catalog of Federal Domestic
Assistance.
Disclosure of Directed Rulemaking
Pursuant to section 3(i) of H. Res. 5, 114th Cong. (2015),
the Committee estimates that H.R. 216, as amended, does not
require directed rule making.
Section-by-Section Analysis of the Legislation
Section 1--Short title
Section 1 would establish the short title of H.R. 216, as
amended, as the ``Department of Veterans Affairs Budget
Planning Reform Act of 2015.''
Section 2--Establishment of strategic plans to improve programs and
benefits for veterans
Section 2(a) would, beginning with the submission of the
Fiscal Year 2020 VA budget, require the submission of a
``Future-Years Veterans Program'' reflecting the estimated
expenditures and proposed appropriations necessary to support
the programs, projects, and activities of VA. The Future-Years
Veterans Program would cover, at a minimum, the budget year and
the subsequent four fiscal years. The Future-Years Veterans
Program would be submitted to Congress annually and published
on a publicly accessible Internet website of the VA.
Section 2(b) would require, beginning in fiscal year 2019,
VA to conduct a ``Quadrennial Veterans Review'' every four
years to study the strategy for meeting the commitment of the
United States to veterans and the resources necessary to meet
that commitment. The reviews would be comprehensive of all
programs/policies and would include recommendations on the
resources necessary to effect the execution of the elements of
the strategic review. The reviews would be required to be
coordinated with the Future-Years Veterans Program and would be
developed in consultation with other key officials of VA, the
heads of other Federal agencies, and other relevant
governmental and nongovernmental entities. The contents of the
reviews would include a delineated veterans strategy consistent
with the commitment of the United States to veterans; a
prioritization of the full range of programs and capabilities
regarding veterans provided by the Federal Government; an
identification of the budget plan required to provide
sufficient resources to successfully execute the full range of
such programs and capabilities; an assessment of the
organizational alignment of VA with respect to any such
strategy; a review and assessment of the effectiveness of the
mechanisms of the Department for executing the process of
turning the requirements identified in the quadrennial review
into a plan to meet the requirements; and an identification of
emerging trends, problems, opportunities, and issues that could
veterans or VA during the ten-year period following the period
covered by the review. Following the review a report would be
required to be submitted to the House and Senate Committees on
Veterans' Affairs in the year following the year in which the
review was conducted. The QVR would be submitted to Congress
and published on a publicly accessible Internet website of the
VA.
In addition to the process mandated in H.R. 216, as amended
regarding the formulation of the QVR, an Independent Veterans
Review Panel would be mandated. This panel would be comprised
of 10 members who are ``recognized experts in matters relating
to veterans'' and appointed by the Chair and Ranking Members of
the Committees on Veterans' Affairs of the Senate and House of
Representatives, as well as by the Secretary. The Panel would
be charged with reviewing the process by which the QVR is
formulated and would submit a report assessing the QVR to the
Committees on Veterans' Affairs of the Senate and House of
Representatives not later than three months after the QVR is
submitted.
Section 2(c) would require the VA Secretary to provide
annually written policy guidance to appropriate VA officials
for the preparation and review of the planning and program
recommendations and budget proposals of the various elements of
VA. Such guidance would include the objectives of VA in
accordance with the Future-Years Veterans Program and the
quadrennial veterans review, as well as the resource levels
projected to be available for the period of time for which such
recommendations and proposals are to be in effect.
Section 2(d) would require VA to designate among the
existing, authorized number of Assistant Secretaries one to
function as VA's ``Chief Strategy Officer.'' The Chief Strategy
Officer (CSO) would be the Secretary's principal advisor on
long-range strategy and the implications of that strategy. The
CSO would also be responsible for the development and execution
of the Future-Years Veterans Program.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italic and existing law in which no change is
proposed is shown in roman):
TITLE 38, UNITED STATES CODE
* * * * * * *
PART I--GENERAL PROVISIONS
* * * * * * *
CHAPTER 1--GENERAL
Sec.
101. Definitions.
* * * * * * *
119. Future-Years Veterans Program.
120. Quadrennial veterans review.
121. Policy guidance.
* * * * * * *
Sec. 119. Future-Years Veterans Program
(a) Submission to Congress.--The Secretary shall submit to
Congress each year, at or about the time that the President's
budget is submitted to Congress pursuant to section 1105(a) of
title 31, a Future-Years Veterans Program reflecting the
estimated expenditures and proposed appropriations included in
that budget. Any such Future-Years Veterans Program shall cover
the fiscal year with respect to which the budget is submitted
and at least the four succeeding fiscal years.
(b) Consistency.--(1) The Secretary shall ensure that amounts
described in subparagraph (A) of paragraph (2) for any fiscal
year are consistent with amounts described in subparagraph (B)
of such paragraph for that fiscal year.
(2) Amounts referred to in paragraph (1) are the following:
(A) The amounts specified in program and budget
information submitted to Congress by the Secretary in
support of expenditure estimates and proposed
appropriations in the budget submitted to Congress by
the President under section 1105(a) of title 31 for any
fiscal year, as shown in the Future-Years Veterans
Program submitted pursuant to subsection (a).
(B) The total amounts of estimated expenditures and
proposed appropriations necessary to support the
programs, projects, and activities of the Department of
Veterans Affairs included pursuant to paragraph (5) of
section 1105(a) of title 31 in the budget submitted to
Congress under that section for any fiscal year.
(c) Contents.--The Future-Years Veterans Program under
subsection (a) shall set forth the five-year plan of the
Department to address the commitment of the United States to
veterans and the resources necessary to meet that commitment
and shall be developed and updated, as appropriate, annually by
the Secretary. Each Future-Years Veterans Program shall include
an explanation of--
(1) the information that was used to develop program
planning guidance for the Future-Years Veterans
Program; and
(2) how the resource allocations included in the
Future-Years Veterans Program correlate to such five-
year strategy.
(d) Publication.--The Secretary shall publish on a publically
accessible Internet website of the Department each Future-Years
Veterans Program submitted pursuant to subsection (a).
Sec. 120. Quadrennial veterans review
(a) Requirement.--(1) Not later than fiscal year 2019, and
every fourth year thereafter, the Secretary shall conduct a
review of the strategy for meeting the commitment of the United
States to veterans and the resources necessary to meet that
commitment (in this section referred to as a ``quadrennial
veterans review'').
(2) Each quadrennial veterans review shall include a
comprehensive examination of the policies and strategies of the
United States with respect to veterans, including
recommendations regarding the long-term strategy and priorities
for programs, services, benefits, and outcomes regarding
veterans and guidance on the programs, assets, capabilities,
budget, policies, and authorities of the Department.
(3) The Secretary shall conduct each quadrennial veterans
review in consultation with key officials of the Department,
the heads of other Federal agencies, and other relevant
governmental and nongovernmental entities, including State,
local, and tribal government officials, members of Congress,
veterans service organizations, private sector representatives,
academics, and other policy experts.
(4) The Secretary shall ensure that each quadrennial veterans
review is coordinated with the Future-Years Veterans Program
required under section 119 of this title.
(b) Contents of Review.--In each quadrennial veterans review,
the Secretary shall--
(1) delineate a veterans strategy consistent with the
commitment of the United States to veterans and refine
a strategy for the types of, and provision of,
programs, services, benefits, and outcomes consistent
with current authorities and requirements;
(2) outline and prioritize the full range of programs
and capabilities regarding veterans provided by the
Federal Government;
(3) identify the budget plan required to provide
sufficient resources to successfully execute the full
range of such programs and capabilities;
(4) include an assessment of the organizational
alignment of the Department with respect to the
strategy referred to in paragraph (1) and the programs
and capabilities referred to in paragraph (2);
(5) review and assess the effectiveness of the
mechanisms of the Department for executing the process
of turning the requirements identified in the
quadrennial veterans review into a plan to meet such
requirements, including an expenditure plan for the
Department; and
(6) identify emerging trends, problems,
opportunities, and issues that could affect veterans or
the Department during the ten-year period following the
period covered by the review.
(c) Submission to Congress.--(1) The Secretary shall submit
to the Committees on Veterans' Affairs of the Senate and the
House of Representatives a report regarding each quadrennial
veterans review. The Secretary shall submit the report in the
year following the year in which the review is conducted, but
not later than the date on which the President submits to
Congress the budget for the next fiscal year under section 1105
of title 31.
(2) Each report submitted under paragraph (1) shall include--
(A) the results of the quadrennial veterans review;
(B) a description of the challenges to, and
opportunities for, the assumed or defined veterans-
related interests of the Nation that were examined for
the purposes of that review;
(C) the strategy for meeting the Nation's commitment
to veterans, including a prioritized list of the
missions of the Department;
(D) a description of the interagency cooperation,
preparedness of Federal assets, infrastructure, budget
plan, and other elements of the programs and policies
of the Nation associated with the strategy referred to
in subsection (b)(1) that are required to execute
successfully the full range of programs and
capabilities identified in such strategy and the
programs and capabilities outlined under subsection
(b)(2);
(E) an assessment of the organizational alignment of
the Department with the strategy referred to in
subsection (b)(1) and the programs and capabilities
outlined under subsection (b)(2), including the
Department's organizational structure, management
systems, budget and accounting systems, human resources
systems, procurement systems, and physical and
technical infrastructure;
(F) a discussion of the status of cooperation among
Federal agencies in the effort to promote national
support for veterans;
(G) a discussion of the status of cooperation between
the Federal Government and State, local, and tribal
governments in supporting veterans and providing
programs, services, benefits, and outcomes to assist
veterans;
(H) an explanation of any underlying assumptions used
in conducting the review; and
(I) any other matter the Secretary considers
appropriate.
(d) Publication.--The Secretary shall publish on a publically
accessible Internet website of the Department each quadrennial
veterans review submitted pursuant to subsection (c).
(e) Independent Veterans Review Panel.--(1) Not later than
February 1 of a year in which a quadrennial veterans review is
conducted under this section, the Secretary shall establish an
independent panel to be known as the Independent Veterans
Review Panel (in this subsection referred to as the ``Panel'').
The Panel shall have the duties set forth in this subsection.
(2) The Panel shall be composed of 10 members who are
recognized experts in matters relating to veterans. The members
shall be appointed as follows:
(A) Two by the chairman of the Committee on Veterans'
Affairs of the House of Representatives.
(B) Two by the chairman of the Committee on Veterans'
Affairs of the Senate.
(C) Two by the ranking member of the Committee on
Veterans' Affairs of the House of Representatives.
(D) Two by the ranking member of the Committee on
Veterans' Affairs of the Senate.
(E) Two by the Secretary, who shall serve as co-
chairs of the panel.
(3) Members shall be appointed for the life of the Panel. Any
vacancy in the Panel shall be filled in the same manner as the
original appointment.
(4) The Panel shall have the following duties with respect to
a quadrennial veterans review:
(A) While the review is being conducted, the Panel
shall review the updates from the Secretary required
under paragraph (7) on the progress of the conduct of
the review.
(B) The Panel shall--
(i) review the Secretary's terms of reference
and any other materials providing the basis
for, or substantial inputs to, the work of the
Department of Veterans Affairs on the
quadrennial veterans review;
(ii) conduct an assessment of the
assumptions, strategy, findings, and risks
included in the report on the quadrennial
veterans review required in subsection (c);
(iii) conduct an independent assessment of a
variety of strategies for delivering services
and support to veterans;
(iv) review the resource requirements
identified pursuant to subsection (b)(3) and,
to the extent practicable, make a general
comparison to the resource requirements to
support the strategies assessed under this
subparagraph; and
(v) provide to the Committees on Veterans'
Affairs of the Senate and the House of
Representatives and the Secretary, through the
report under paragraph (7), any recommendations
the Panel determines appropriate.
(5) If the Secretary has not appointed members to the Panel
under paragraph (2)(E) by February 1 of a year in which a
quadrennial veterans review is conducted under this section,
the Panel shall convene for its first meeting with the
remaining members.
(6) Not later than three months after the date on which the
report on a quadrennial veterans review is submitted under
subsection (c) to the Committees on Veterans' Affairs of the
Senate and the House of Representatives, the Panel shall submit
to such committees a report containing an assessment of the
quadrennial veterans review, including a description of the
items addressed under paragraph (4) with respect to that
quadrennial veterans review.
(7) Periodically, but not less often than every 60 days
during the life of the panel, or at the request of the co-
chairs, the Secretary shall brief the Panel on the progress of
the conduct of the quadrennial veterans review.
(8)(A) The Panel may request directly from the Department
such information as the Panel considers necessary to carry out
its duties under this subsection. The Secretary shall cooperate
with the Panel to ensure that information requested by the
Panel under this subparagraph is promptly provided to the
maximum extent practical.
(B) Upon the request of the co-chairs, the Secretary shall
make available to the Panel the services of any federally
funded research and development center that is covered by a
sponsoring agreement of the Department.
(C) The Panel shall have the authorities provided in section
3161 of title 5 and shall be subject to the conditions set
forth in such section.
(D) Funds for activities of the Panel shall be provided from
amounts available to the Department.
(9) The Panel shall terminate 45 days after the date on which
the Panel submits the report on the quadrennial veterans review
under paragraph (6).
Sec. 121. Policy guidance
The Secretary shall provide annually to the appropriate
officials of the Department written policy guidance for the
preparation and review of the planning and program
recommendations and budget proposals of the elements of the
Department of such officials. Such guidance shall include
guidance on the objectives of the Department in accordance with
Future-Years Veterans Program under section 119 of this title
and the quadrennial veterans review under section 120 and the
resource levels projected to be available for the period of
time for which such recommendations and proposals are to be
effective.
* * * * * * *
CHAPTER 3--DEPARTMENT OF VETERANS AFFAIRS
Sec.
301. Department.
* * * * * * *
323. Chief Strategy Officer.
* * * * * * *
Sec. 323. Chief Strategy Officer
(a) In General.--The Secretary shall designate the Assistant
Secretary whose functions include planning, studies, and
evaluations as the Chief Strategy Officer of the Department.
The Chief Strategy Officer shall advise the Secretary on long-
range strategy and implications.
(b) Responsibilities.--The Chief Strategy Officer is the
principal advisor to the Secretary and other senior officials
of the Department, and shall provide independent analysis and
advice to the Secretary and such officials. The Chief Strategy
Officer shall carry out the following responsibilities:
(1) Conducting cost estimation and cost analysis for
the programs of the Department.
(2) Establishing policies for, and overseeing the
integration of, the planning, programming, budgeting
and execution process for the Department.
(3) Providing analysis and advice on matters relating
to the planning and programming phase of the planning,
programming, budgeting and execution process, and the
preparation of materials and guidance for such process,
as directed by the Secretary, working in coordination
with the Assistant Secretary for Management.
(4) Developing and executing the Future-Years
Veterans Program of the Department, as specified under
section 119 of this title.
(5) Developing resource discussions relating to
requirements under consideration in the quadrennial
veterans review under section 120 of this title.
(6) Formulating study guidance for analysis of
alternatives for programs and initiatives, including
any necessary acquisitions, development, or procurement
commensurate with such alternatives, and performance of
such analysis as directed by the Secretary.
(7) Reviewing, analyzing, and evaluating programs for
executing approved strategies and policies, ensuring
that information on programs and expected outcomes is
presented accurately and completely.
(8) Ensuring that the costs of programs and
alternatives are presented accurately and completely by
assisting in establishing standards, policies, and
procedures for the conduct of cost estimation and cost
analysis throughout the Department, including guidance
relating to the proper selection of confidence levels
in cost estimates generally and for specific programs
of the Department.
(9) Conducting studies at the request of the
Secretary regarding costs, policy assumptions, and
strategic implications of current policies and possible
alternatives.
(10) Communicating directly to the Secretary and the
Deputy Secretary of Veterans Affairs about matters for
which the Chief Strategy Officer is responsible without
obtaining the approval or concurrence of any other
official within the Department.
* * * * * * *
[all]
