I 

115TH CONGRESS 

1ST SESSION H. R. 4243 

To establish a commission for the purpose of making recommendations regarding the modernization or realignment of facilities of the Veterans 

Health Administration, to improve construction and management leases 

of the Department of Veterans Affairs, to amend and appropriate funds 

for the Veterans Choice Program, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 3, 2017 

Mr. ROE of Tennessee (for himself, Mr. COFFMAN, Mr. WENSTRUP, Mrs. 

RADEWAGEN, Mr. BOST, Mr. POLIQUIN, Mr. ARRINGTON, Mr. RUTHERFORD, Mr. HIGGINS of Louisiana, Mr. BERGMAN, Mr. BANKS of Indiana, 

Miss GONZA ́LEZ-COLO ́N of Puerto Rico, and Mr. DUNN) introduced the 

following bill; which was referred to the Committee on Veterans’ Affairs, 

and in addition to the Committees on Rules, and Appropriations, for a 

period to be subsequently determined by the Speaker, in each case for 

consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To establish a commission for the purpose of making recommendations regarding the modernization or realignment of facilities of the Veterans Health Administration, 

to improve construction and management leases of the 

Department of Veterans Affairs, to amend and appropriate funds for the Veterans Choice Program, and for 

other purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. TABLE OF CONTENTS. 

4 The table of contents for this Act is as follows: 

Sec. 1. Table of contents. 

TITLE I—ASSET AND INFRASTRUCTURE REVIEW 

Sec. 101. Short title. 

Sec. 102. The Commission. 

Sec. 103. Procedure for making recommendations. 

Sec. 104. Actions regarding infrastructure and facilities of the Veterans Health 

Administration. 

Sec. 105. Implementation. 

Sec. 106. Department of Veterans Affairs Asset and Infrastructure Review Account. 

Sec. 107. Congressional consideration of Commission report. 

Sec. 108. Other matters. 

Sec. 109. Definitions. 

TITLE II—IMPROVEMENTS TO CONSTRUCTION MANAGEMENT 

AND LEASES 

Sec. 201. Modification of thresholds for major medical facility projects and 

major medical facility leases. 

Sec. 202. Submission of prospectuses of proposed minor medical facility 

projects. 

Sec. 203. Improvement to training of construction personnel. 

Sec. 204. Authority to plan, design, construct, or lease shared medical facilities. 

Sec. 205. Enhanced use lease authority. 

TITLE III—OTHER MATTERS 

Sec. 301. Exception on limitation on awards and bonuses for recruitment, relocation, and retention. 

Sec. 302. Appropriation of amounts. 

5 TITLE I—ASSET AND 

6 INFRASTRUCTURE REVIEW 

7 SEC. 101. SHORT TITLE. 

8 This title may be cited as the ‘‘VA Asset and Infra9 structure Review Act of 2017’’. 


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1 SEC. 102. THE COMMISSION. 

2 (a) ESTABLISHMENT.—There is established an inde3 pendent commission to be known as the ‘‘Asset and Infra4 structure Review Commission’’ (in this title referred to as 

5 the ‘‘Commission’’). 

6 (b) DUTIES.—The Commission shall carry out the 

7 duties specified for it in this title. 

8 (c) APPOINTMENT.— 

9 (1) IN GENERAL.— 

10 (A) APPOINTMENT.—The Commission 

11 shall be composed of 9 members appointed by 

12 the President, by and with the advice and con13 sent of the Senate. 

14 (B) TRANSMISSION OF NOMINATIONS.— 

15 The President shall transmit to the Senate the 

16 nominations for appointment to the Commission 

17 not later than May 31, 2021. 

18 (2) CONSULTATION IN SELECTION PROCESS.— 

19 In selecting individuals for nominations for appoint20 ments to the Commission, the President shall con21 sult with— 

22 (A) the Speaker of the House of Rep23 resentatives; 

24 (B) the majority leader of the Senate; 

25 (C) the minority leader of the House of 

26 Representatives; 


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1 (D) the minority leader of the Senate; and 

2 (E) congressionally chartered, membership 

3 based veterans service organizations concerning 

4 the appointment of three members. 

5 (3) DESIGNATION OF CHAIR.—At the time the 

6 President nominates individuals for appointment to 

7 the Commission under paragraph (1)(B), the Presi8 dent shall designate one such individual who shall 

9 serve as Chair of the Commission and one such indi10 vidual who shall serve as Vice Chair of the Commis11 sion. 

12 (4) MEMBER REPRESENTATION.—In nomi13 nating individuals under this subsection, the Presi14 dent shall ensure that— 

15 (A) veterans, reflecting current demo16 graphics of veterans enrolled in the system of 

17 annual patient enrollment under section 1705 

18 of title 38, United States Code, are adequately 

19 represented in the membership of the Commis20 sion; 

21 (B) at least one member of the Commis22 sion has experience working for a private inte23 grated health care system that has annual gross 

24 revenues of more than $50,000,000; 


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1 (C) at least one member has experience as 

2 a senior manager for an entity specified in 

3 clause (ii), (iii), or (iv) of section 101(a)(1)(B) 

4 of the Veterans Access, Choice, and Account5 ability Act of 2014 (Public Law 113–146; 38 

6 U.S.C. 1701 note); 

7 (D) at least one member— 

8 (i) has experience with capital asset 

9 management for the Federal Government; 

10 and 

11 (ii) is familiar with trades related to 

12 building and real property, including con13 struction, engineering, architecture, leas14 ing, and strategic partnerships; and 

15 (E) at least three members represent con16 gressionally chartered, membership-based, vet17 erans service organizations. 

18 (d) MEETINGS.— 

19 (1) IN GENERAL.—The Commission shall meet 

20 only during calendar years 2022 and 2023. 

21 (2) PUBLIC NATURE OF MEETINGS AND PRO22 CEEDINGS.— 

23 (A) PUBLIC MEETINGS.—Each meeting of 

24 the Commission shall be open to the public. 


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1 (B) OPEN PARTICIPATION.—All the pro2 ceedings, information, and deliberations of the 

3 Commission shall be available for review by the 

4 public. 

5 (e) VACANCIES.—A vacancy in the Commission shall 

6 be filled in the same manner as the original appointment, 

7 but the individual appointed to fill the vacancy shall serve 

8 only for the unexpired portion of the term for which the 

9 individual’s predecessor was appointed. 

10 (f) PAY.— 

11 (1) IN GENERAL.—Members of the Commission 

12 shall serve without pay. 

13 (2) OFFICERS OR EMPLOYEES OF THE UNITED

14 STATES.—Each member of the Commission who is 

15 an officer or employee of the United States shall 

16 serve without compensation in addition to that re17 ceived for service as an officer or employee of the 

18 United States. 

19 (3) TRAVEL EXPENSES.—Members shall receive 

20 travel expenses, including per diem in lieu of subsist21 ence, in accordance with sections 5702 and 5703 of 

22 title 5, United States Code. 

23 (g) DIRECTOR OF STAFF.— 

24 (1) APPOINTMENT.—The Commission shall ap25 point a Director who— 


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1 (A) has not served as an employee of the 

2 Department of Veterans Affairs during the one3 year period preceding the date of such appoint4 ment; and 

5 (B) is not otherwise barred or prohibited 

6 from serving as Director under Federal ethics 

7 laws and regulations, by reason of post-employ8 ment conflict of interest. 

9 (2) RATE OF PAY.—The Director shall be paid 

10 at the rate of basic pay payable for level IV of the 

11 Executive Schedule under section 5315 of title 5, 

12 United States Code. 

13 (h) STAFF.— 

14 (1) PAY OF PERSONNEL.—Subject to para15 graphs (2) and (3), the Director, with the approval 

16 of the Commission, may appoint and fix the pay of 

17 additional personnel. 

18 (2) EXEMPTION FROM CERTAIN REQUIRE19 MENTS.—The Director may make such appoint20 ments without regard to the provisions of title 5, 

21 United States Code, governing appointments in the 

22 competitive service, and any personnel so appointed 

23 may be paid without regard to the provisions of 

24 chapter 51 and subchapter III of chapter 53 of that 

25 title relating to classification and General Schedule 


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1 pay rates, except that an individual so appointed 

2 may not receive pay in excess of the annual rate of 

3 basic pay payable for GS–15 of the General Sched4 ule. 

5 (3) DETAILEES.— 

6 (A) LIMITATION ON NUMBER.—Not more 

7 than two-thirds of the personnel employed by or 

8 detailed to the Commission may be on detail 

9 from the Department of Veterans Affairs. 

10 (B) PROFESSIONAL ANALYSTS.—Not more 

11 than half of the professional analysts of the 

12 Commission staff may be persons detailed from 

13 the Department of Veterans Affairs to the 

14 Commission. 

15 (C) PROHIBITION ON DETAIL OF CERTAIN

16 PERSONNEL.—A person may not be detailed 

17 from the Department of Veterans Affairs to the 

18 Commission if, within 6 months before the de19 tail is to begin, that person participated person20 ally and substantially in any matter within the 

21 Department of Veterans Affairs concerning the 

22 preparation of recommendations regarding fa23 cilities of the Veterans Health Administration. 

24 (4) AUTHORITY TO REQUEST DETAILED PER25 SONNEL.—Subject to paragraph (3), the head of any 


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1 Federal department or agency, upon the request of 

2 the Director, may detail any of the personnel of that 

3 department or agency to the Commission to assist 

4 the Commission in carrying out its duties under this 

5 title. 

6 (5) INFORMATION FROM FEDERAL AGENCIES.— 

7 The Commission may secure directly from any Fed8 eral agency such information the Commission con9 siders necessary to carry out this title. Upon request 

10 of the Chair, the head of such agency shall furnish 

11 such information to the Commission. 

12 (i) OTHER AUTHORITY.— 

13 (1) TEMPORARY AND INTERMITTENT SERV14 ICES.—The Commission may procure by contract, to 

15 the extent funds are available, the temporary or 

16 intermittent services of experts or consultants pursu17 ant to section 3109 of title 5, United States Code. 

18 (2) LEASING AND ACQUISITION OF PROP19 ERTY.—To the extent funds are available, the Com20 mission may lease real property and acquire personal 

21 property either of its own accord or in consultation 

22 with the General Services Administration. 

23 (j) TERMINATION.—The Commission shall terminate 

24 on December 31, 2023. 


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1 (k) PROHIBITION AGAINST RESTRICTING COMMU2 NICATIONS.— 

3 (1) IN GENERAL.—Except as provided in para4 graph (2), no person may restrict an employee of the 

5 Department of Veterans Affairs in communicating 

6 with the Commission. 

7 (2) UNLAWFUL COMMUNICATIONS.—Paragraph 

8 (1) does not apply to a communication that is un9 lawful. 

10 SEC. 103. PROCEDURE FOR MAKING RECOMMENDATIONS. 

11 (a) SELECTION CRITERIA.— 

12 (1) PUBLICATION.—The Secretary shall, not 

13 later than February 1, 2021, and after consulting 

14 with veterans service organizations, publish in the 

15 Federal Register and transmit to the Committees on 

16 Veterans’ Affairs of the Senate and the House of 

17 Representatives the criteria proposed to be used by 

18 the Department of Veterans Affairs in assessing and 

19 making recommendations regarding the moderniza20 tion or realignment of facilities of the Veterans 

21 Health Administration under this title. Such criteria 

22 shall include the preferences of veterans regarding 

23 health care furnished by the Department. 

24 (2) PUBLIC COMMENT.—The Secretary shall 

25 provide an opportunity for public comment on the 


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1 proposed criteria under paragraph (1) for a period 

2 of at least 90 days and shall include notice of that 

3 opportunity in the publication required under such 

4 paragraph. 

5 (3) PUBLICATION OF FINAL CRITERIA.—The 

6 Secretary shall, not later than May 31, 2021, pub7 lish in the Federal Register and transmit to the 

8 Committees on Veterans’ Affairs of the Senate and 

9 the House of Representatives the final criteria to be 

10 used in making recommendations regarding the clo11 sure, modernization, or realignment of facilities of 

12 the Veterans Health Administration under this title. 

13 (b) RECOMMENDATIONS OF THE SECRETARY.— 

14 (1) PUBLICATION IN FEDERAL REGISTER.—The 

15 Secretary shall, not later than January 31, 2022, 

16 and after consulting with veterans service organiza17 tions, publish in the Federal Register and transmit 

18 to the Committees on Veterans’ Affairs of the Sen19 ate and the House of Representatives and to the 

20 Commission a report detailing the recommendations 

21 regarding the modernization or realignment of facili22 ties of the Veterans Health Administration on the 

23 basis of the final criteria referred to in subsection 

24 (a)(2) that are applicable. 


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1 (2) FACTORS FOR CONSIDERATION.—In making 

2 recommendations under this subsection, the Sec3 retary shall consider each of the following factors: 

4 (A) The degree to which any health care 

5 delivery or other site for providing services to 

6 veterans reflect the metrics of the Department 

7 of Veterans Affairs regarding market area 

8 health system planning. 

9 (B) The provision of effective and efficient 

10 access to high-quality health care and services 

11 for veterans. 

12 (C) The extent to which the real property 

13 that no longer meets the needs of the Federal 

14 Government could be reconfigured, repurposed, 

15 consolidated, realigned, exchanged, outleased, 

16 repurposed, replaced, sold, or disposed. 

17 (D) The need of the Veterans Health Ad18 ministration to acquire infrastructure or facili19 ties that will be used for the provision of health 

20 care and services to veterans. 

21 (E) The extent to which the operating and 

22 maintenance costs are reduced through consoli23 dating, colocating, and reconfiguring space, and 

24 through realizing other operational efficiencies. 


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1 (F) The extent and timing of potential 

2 costs and savings, including the number of 

3 years such costs or savings will be incurred, be4 ginning with the date of completion of the pro5 posed recommendation. 

6 (G) The extent to which the real property 

7 aligns with the mission of the Department of 

8 Veterans Affairs. 

9 (H) The extent to which any action would 

10 impact other missions of the Department (in11 cluding education, research, or emergency pre12 paredness). 

13 (I) Local stakeholder inputs and any fac14 tors identified through public field hearings. 

15 (J) The assessments under paragraph (3). 

16 (K) Any other such factors the Secretary 

17 determines appropriate. 

18 (3) CAPACITY AND COMMERCIAL MARKET AS19 SESSMENTS.— 

20 (A) ASSESSMENTS.—The Secretary shall 

21 assess the capacity of each Veterans Integrated 

22 Service Network and medical facility of the De23 partment to furnish hospital care or medical 

24 services to veterans under chapter 17 of title 


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1 38, United States Code. Each such assessment 

2 shall— 

3 (i) identify gaps in furnishing such 

4 care or services at such Veterans Inte5 grated Service Network or medical facility; 

6 (ii) identify how such gaps can be 

7 filled by— 

8 (I) entering into contracts or 

9 agreements with network providers 

10 under this section or with entities 

11 under other provisions of law; 

12 (II) making changes in the way 

13 such care and services are furnished 

14 at such Veterans Integrated Service 

15 Network or medical facility, includ16 ing— 

17 (aa) extending hours of op18 eration; 

19 (bb) adding personnel; or 

20 (cc) expanding space 

21 through the construction, leasing, 

22 or sharing of health care facili23 ties; 

24 (III) the building or realignment 

25 of Department resources or personnel; 


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1 (iii) forecast, based on future projec2 tions and historical trends, both the short3 and long-term demand in furnishing care 

4 or services at such Veterans Integrated 

5 Service Network or medical facility and as6 sess how such demand affects the needs to 

7 use such network providers; 

8 (iv) include a commercial health care 

9 market assessment of designated catch10 ment areas in the United States conducted 

11 by a non-governmental entity; and 

12 (v) consider the unique ability of the 

13 Federal Government to retain a presence 

14 in an area otherwise devoid of commercial 

15 health care providers or from which such 

16 providers are at risk of leaving. 

17 (B) CONSULTATION.—In carrying out the 

18 assessments under subparagraph (A), the Sec19 retary shall consult with veterans service orga20 nizations and veterans served by each such Vet21 erans Integrated Service Network and medical 

22 facility. 

23 (C) SUBMITTAL.—The Secretary shall sub24 mit such assessments to the Committees on 

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1 tives and the Senate with the recommendations 

2 of the Secretary under this subsection and 

3 make the assessments publicly available. 

4 (4) SUMMARY OF SELECTION PROCESS.—The 

5 Secretary shall include, with the list of recommenda6 tions published and transmitted pursuant to para7 graph (1), a summary of the selection process that 

8 resulted in the recommendation for each facility of 

9 the Veterans Health Administration, including a jus10 tification for each recommendation. The Secretary 

11 shall transmit the matters referred to in the pre12 ceding sentence not later than 7 days after the date 

13 of the transmittal to the Committees on Veterans’ 

14 Affairs of the Senate and the House of Representa15 tives and the Commission of the report referred to 

16 in paragraph (1). 

17 (5) TREATMENT OF FACILITIES.—In assessing 

18 facilities of the Veterans Health Administration, the 

19 Secretary shall consider all such facilities equally 

20 without regard to whether the facility has been pre21 viously considered or proposed for reuse, closure, 

22 modernization, or realignment by the Department of 

23 Veterans Affairs. 

24 (6) AVAILABILITY OF INFORMATION TO CON25 GRESS.—In addition to making all information used 


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1 by the Secretary to prepare the recommendations 

2 under this subsection available to Congress (includ3 ing any committee or Member of Congress), the Sec4 retary shall also make such information available to 

5 the Commission and the Comptroller General of the 

6 United States. 

7 (7) CERTIFICATION OF ACCURACY.— 

8 (A) IN GENERAL.—Each person referred to 

9 in subparagraph (B), when submitting informa10 tion to the Secretary or the Commission con11 cerning the modernization or realignment of a 

12 facility of the Veterans Health Administration, 

13 shall certify that such information is accurate 

14 and complete to the best of that person’s knowl15 edge and belief. 

16 (B) COVERED PERSONS.—Subparagraph 

17 (A) applies to the following persons: 

18 (i) Each Under Secretary of the De19 partment of Veterans Affairs. 

20 (ii) Each director of a Veterans Inte21 grated Service Network. 

22 (iii) Each director of a medical center 

23 of the Department of Veterans Affairs. 

24 (iv) Each director of a program office 

25 of the Department of Veterans Affairs. 


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1 (v) Each person who is in a position 

2 the duties of which include personal and 

3 substantial involvement in the preparation 

4 and submission of information and rec5 ommendations concerning the moderniza6 tion or realignment of facilities of the Vet7 erans Health Administration. 

8 (c) REVIEW AND RECOMMENDATIONS BY THE COM9 MISSION.— 

10 (1) PUBLIC HEARINGS.— 

11 (A) IN GENERAL.—After receiving the rec12 ommendations from the Secretary pursuant to 

13 subsection (b), the Commission shall conduct 

14 public hearings on the recommendations. 

15 (B) LOCATIONS.—The Commission shall 

16 conduct public hearings in regions affected by a 

17 recommendation of the Secretary to close a fa18 cility of the Veterans Health Administration. 

19 To the greatest extent practicable, the Commis20 sion shall conduct public hearings in regions af21 fected by a recommendation of the Secretary to 

22 modernize or realign such a facility. 

23 (C) REQUIRED WITNESSES.—Witnesses at 

24 each public hearing shall include at a min25 imum— 


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1 (i) a veteran— 

2 (I) enrolled under section 1705 

3 of title 38, United States Code; and 

4 (II) identified by a local veterans 

5 service organization; and 

6 (ii) a local elected official. 

7 (2) TRANSMITTAL TO PRESIDENT.— 

8 (A) IN GENERAL.—The Commission shall, 

9 not later than January 31, 2023, transmit to 

10 the President a report containing the Commis11 sion’s findings and conclusions based on a re12 view and analysis of the recommendations made 

13 by the Secretary, together with the Commis14 sion’s recommendations, for modernizations and 

15 realignments of facilities of the Veterans Health 

16 Administration. 

17 (B) AUTHORITY TO MAKE CHANGES TO

18 RECOMMENDATIONS.—Subject to subparagraph 

19 (C), in making its recommendations, the Com20 mission may change any recommendation made 

21 by the Secretary if the Commission— 

22 (i) determines that the Secretary devi23 ated substantially from the final criteria 

24 referred to in subsection (a)(2) in making 

25 such recommendation; 


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1 (ii) determines that the change is con2 sistent with the final criteria referred to in 

3 subsection (a)(2); 

4 (iii) publishes a notice of the proposed 

5 change in the Federal Register not less 

6 than 45 days before transmitting its rec7 ommendations to the President pursuant 

8 to subparagraph (A); and 

9 (iv) conducts public hearings on the 

10 proposed change. 

11 (3) JUSTIFICATION FOR CHANGES.—The Com12 mission shall explain and justify in its report sub13 mitted to the President pursuant to paragraph (2) 

14 any recommendation made by the Commission that 

15 is different from the recommendations made by the 

16 Secretary pursuant to subsection (b). The Commis17 sion shall transmit a copy of such report to the 

18 Committees on Veterans’ Affairs of the Senate and 

19 the House of Representatives on the same date on 

20 which it transmits its recommendations to the Presi21 dent under paragraph (2). 

22 (4) PROVISION OF INFORMATION TO CON23 GRESS.—After January 31, 2023, the Commission 

24 shall promptly provide, upon request, to any Member 


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1 of Congress information used by the Commission in 

2 making its recommendations. 

3 (d) REVIEW BY THE PRESIDENT.— 

4 (1) REPORT.—The President shall, not later 

5 than February 15, 2023, transmit to the Commis6 sion and to the Congress a report containing the 

7 President’s approval or disapproval of the Commis8 sion’s recommendations. 

9 (2) PRESIDENTIAL APPROVAL.—If the Presi10 dent approves all the recommendations of the Com11 mission, the President shall transmit a copy of such 

12 recommendations to the Congress, together with a 

13 certification of such approval. 

14 (3) PRESIDENTIAL DISAPPROVAL.—If the 

15 President disapproves the recommendations of the 

16 Commission, in whole or in part, the President shall 

17 transmit to the Commission and the Congress, not 

18 later than March 1, 2023, the reasons for that dis19 approval. The Commission shall then transmit to the 

20 President, not later than March 15, 2023, a revised 

21 list of recommendations for closures, modernizations, 

22 and realignments of facilities of the Veterans Health 

23 Administration. 

24 (4) TRANSMITTAL OF RECOMMENDATIONS TO

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1 vised recommendations of the Commission trans2 mitted to the President under paragraph (3), the 

3 President shall transmit a copy of such revised rec4 ommendations to the Congress, together with a cer5 tification of such approval. 

6 (5) FAILURE TO TRANSMIT.—If the President 

7 does not transmit to the Congress an approval and 

8 certification described in paragraph (2) or (4) by 

9 March 30, 2023, the process by which facilities of 

10 the Veterans Health Administration may be selected 

11 for modernization or realignment under this title 

12 shall be terminated. 

13 SEC. 104. ACTIONS REGARDING INFRASTRUCTURE AND FA14 CILITIES OF THE VETERANS HEALTH ADMIN15 ISTRATION. 

16 (a) IN GENERAL.—Subject to subsection (b), the Sec17 retary shall begin to implement the recommended mod18 ernizations and realignments in the report under section 

19 103(d) not later than three years after the date on which 

20 the President transmits such report to Congress. Such im21 plementation includes the planning of modernizations and 

22 realignments of facilities of the Veterans Health Adminis23 tration as recommended in such report. 

24 (b) CONGRESSIONAL DISAPPROVAL.— 


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1 (1) IN GENERAL.—The Secretary may not carry 

2 out any modernization or realignment recommended 

3 by the Commission in a report transmitted from the 

4 President pursuant to section 103(d) if a joint reso5 lution is enacted, in accordance with the provisions 

6 of section 107, disapproving such recommendations 

7 of the Commission before the earlier of— 

8 (A) the end of the 45-day period beginning 

9 on the date on which the President transmits 

10 such report; or 

11 (B) the adjournment of Congress sine die 

12 for the session during which such report is 

13 transmitted. 

14 (2) COMPUTATION OF PERIOD.—For purposes 

15 of paragraph (1) and subsections (a) and (c) of sec16 tion 107, the days on which either House of Con17 gress is not in session because of an adjournment of 

18 more than three days to a day certain shall be ex19 cluded in the computation of a period. 

20 (c) SPECIFIC AUTHORIZATION.—Any obligation or 

21 expenditure of funds for any major medical facility project 

22 or any major medical facility lease under subsection (a) 

23 shall be treated as if specifically authorized by law for pur24 poses of section 8104 of title 38, United States Code, as 

25 amended by sections 201 and 202 of this Act. 


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1 SEC. 105. IMPLEMENTATION. 

2 (a) IN GENERAL.— 

3 (1) MODERNIZING AND REALIGNING FACILI4 TIES.—In modernizing or realigning any facility of 

5 the Veterans Health Administration under this title, 

6 the Secretary may— 

7 (A) take such actions as may be necessary 

8 to modernize or realign any such facility, in9 cluding the alteration of such facilities, the ac10 quisition of such land, the leasing or construc11 tion of such replacement facilities, the disposi12 tion of such land or facilities, the performance 

13 of such activities, and the conduct of such ad14 vance planning and design as may be required 

15 to transfer functions from a facility of the Vet16 erans Health Administration to another such 

17 facility, and may use for such purpose funds in 

18 the Account or funds appropriated to the De19 partment of Veterans Affairs for such purposes; 

20 (B) carry out activities for the purposes of 

21 environmental mitigation, abatement, or res22 toration at any such facility, and shall use for 

23 such purposes funds in the Account; 

24 (C) provide outplacement assistance to em25 ployees employed by the Department of Vet26 erans Affairs at facilities of the Veterans 


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1 Health Administration being closed or re2 aligned, and may use for such purpose funds in 

3 the Account or funds appropriated to the De4 partment of Veterans Affairs for outplacement 

5 assistance to employees; 

6 (D) reimburse other Federal agencies for 

7 actions performed at the request of the Sec8 retary with respect to any such closure or re9 alignment, and may use for such purpose funds 

10 in the Account or funds appropriated to the De11 partment of Veterans Affairs and available for 

12 such purpose; and 

13 (E) exercise the authority of the Secretary 

14 under subchapter V of chapter 81 of title 38, 

15 United States Code. 

16 (2) ENVIRONMENTAL RESTORATION; HISTORIC

17 PRESERVATION.—In carrying out any closure or re18 alignment under this title, the Secretary, with re19 gards to any property made excess to the needs of 

20 the Department of Veterans Affairs as a result of 

21 such closure or realignment, shall carry out, as soon 

22 as possible with funds available for such purpose, 

23 any of the following for which the Secretary is re24 sponsible: 

25 (A) Environmental mitigation. 


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1 (B) Environmental abatement. 

2 (C) Environmental restoration. 

3 (D) Compliance with historic preservation 

4 requirements. 

5 (b) MANAGEMENT AND DISPOSAL OF PROPERTY.— 

6 (1) EXISTING DISPOSAL AUTHORITIES.—To 

7 transfer or dispose of surplus real property or infra8 structure located at any facility of the Veterans 

9 Health Administration that is modernized or re10 aligned under this Act, the Secretary may exercise 

11 the authorities of the Secretary under subchapters I 

12 and II of chapter 81 of title 38, United States Code, 

13 or the authorities delegated to the Secretary by the 

14 Administrator of General Services under subchapter 

15 III of chapter 5 of title 40, United States Code. 

16 (2) EFFECTS ON LOCAL COMMUNITIES.— 

17 (A) CONSULTATION WITH STATE AND

18 LOCAL GOVERNMENT.—Before any action may 

19 be taken with respect to the disposal of any 

20 surplus real property or infrastructure located 

21 at any facility of the Veterans Health Adminis22 tration to be closed or realigned under this title, 

23 the Secretary of Veterans Affairs shall consult 

24 with the Governor of the State and the heads 

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1 pose of considering any plan for the use of such 

2 property by the local community concerned. 

3 (B) TREATMENT OF ROADS.—If infra4 structure or a facility of the Veterans Health 

5 Administration to be closed or realigned under 

6 this title includes a road used for public access 

7 through, into, or around the facility, the Sec8 retary— 

9 (i) shall consult with the Government 

10 of the State and the heads of the local gov11 ernments concerned for the purpose of con12 sidering the continued availability of the 

13 road for public use after the recommended 

14 action is complete; and 

15 (ii) may exercise the authority of the 

16 Secretary under section 8108 of title 38, 

17 United States Code. 

18 (3) LEASES; CERCLA.— 

19 (A) LEASE AUTHORITY.— 

20 (i) TRANSFER TO REDEVELOPMENT

21 AUTHORITY FOR LEASE.—The Secretary 

22 may transfer title to a facility of the Vet23 erans Health Administration approved for 

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1 erans Health Administration approved for 

2 realignment which will be retained by the 

3 Department of Veterans Affairs or another 

4 Federal agency after realignment) to the 

5 redevelopment authority for the facility if 

6 the redevelopment authority agrees to 

7 lease, directly upon transfer, one or more 

8 portions of the property transferred under 

9 this subparagraph to the Secretary or to 

10 the head of another department or agency 

11 of the Federal Government. 

12 (ii) TERM OF LEASE.—A lease under 

13 clause (i) shall be for a term of not to ex14 ceed 50 years, but may provide for options 

15 for renewal or extension of the term by the 

16 department or agency concerned. 

17 (iii) LIMITATION.—A lease under 

18 clause (i) may not require rental payments 

19 by the United States. 

20 (iv) TREATMENT OF REMAINDERED

21 LEASE TERMS.—A lease under clause (i) 

22 shall include a provision specifying that if 

23 the department or agency concerned ceases 

24 requiring the use of the leased property be25 fore the expiration of the term of the lease, 


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1 the remainder of the lease term may be 

2 satisfied by the same or another depart3 ment or agency of the Federal Government 

4 using the property for a use similar to the 

5 use under the lease. Exercise of the au6 thority provided by this clause shall be 

7 made in consultation with the redevelop8 ment authority concerned. 

9 (v) FACILITY SERVICES.—Notwith10 standing clause (iii), if a lease under clause 

11 (i) involves a substantial portion of the fa12 cility, the department or agency concerned 

13 may obtain facility services for the leased 

14 property and common area maintenance 

15 from the redevelopment authority or the 

16 redevelopment authority’s assignee as a 

17 provision of the lease. The facility services 

18 and common area maintenance shall be 

19 provided at a rate no higher than the rate 

20 charged to non-Federal tenants of the 

21 transferred property. Facility services and 

22 common area maintenance covered by the 

23 lease shall not include— 

24 (I) municipal services that a 

25 State or local government is required 


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1 by law to provide to all landowners in 

2 its jurisdiction without direct charge; 

3 or 

4 (II) firefighting or security-guard 

5 functions. 

6 (B) APPLICATION OF CERCLA.—The provi7 sions of section 120(h) of the Comprehensive 

8 Environmental Response, Compensation, and 

9 Liability Act of 1980 (42 U.S.C. 9620(h)) shall 

10 apply to any transfer of real property under 

11 this paragraph. 

12 (C) ADDITIONAL TERMS AND CONDI13 TIONS.—The Secretary may require any addi14 tional terms and conditions in connection with 

15 a transfer under this paragraph as such Sec16 retary considers appropriate to protect the in17 terests of the United States. 

18 (4) APPLICATION OF MCKINNEY-VENTO HOME19 LESS ASSISTANCE ACT.—Nothing in this title shall 

20 limit or otherwise affect the application of the provi21 sions of the McKinney-Vento Homeless Assistance 

22 Act (42 U.S.C. 11301 et seq.) to facilities of the 

23 Veterans Health Administration closed under this 

24 title. 


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1 (c) APPLICABILITY OF NATIONAL ENVIRONMENTAL

2 POLICY ACT OF 1969.— 

3 (1) IN GENERAL.—The provisions of the Na4 tional Environmental Policy Act of 1969 (42 U.S.C. 

5 4321 et seq.) shall not apply to the actions of the 

6 President, the Commission, and, except as provided 

7 in paragraph (2), the Department of Veterans Af8 fairs in carrying out this title. 

9 (2) DEPARTMENT OF VETERANS AFFAIRS.— 

10 (A) COVERED ACTIVITIES.—The provisions 

11 of the National Environmental Policy Act of 

12 1969 shall apply to actions of the Department 

13 of Veterans Affairs under this title— 

14 (i) during the process of property dis15 posal; and 

16 (ii) during the process of relocating 

17 functions from a facility of the Veterans 

18 Health Administration being closed or re19 aligned to another facility after the receiv20 ing facility has been selected but before the 

21 functions are relocated. 

22 (B) OTHER ACTIVITIES.—In applying the 

23 provisions of the National Environmental Policy 

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1 paragraph (A), the Secretary shall not have to 

2 consider— 

3 (i) the need for closing or realigning 

4 the facility of the Veterans Health Admin5 istration as recommended by the Commis6 sion; 

7 (ii) the need for transferring functions 

8 to any facility of the Veterans Health Ad9 ministration which has been selected as the 

10 receiving facility; or 

11 (iii) facilities of the Veterans Health 

12 Administration alternative to those rec13 ommended or selected. 

14 (d) WAIVER.— 

15 (1) RESTRICTIONS ON USE OF FUNDS.—The 

16 Secretary may close or realign facilities of the Vet17 erans Health Administration under this title without 

18 regard to any provision of law restricting the use of 

19 funds for closing or realigning facilities of the Vet20 erans Health Administration included in any appro21 priation or authorization Act. 

22 (2) RESTRICTIONS ON AUTHORITIES.—The Sec23 retary may close or realign facilities of the Veterans 

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1 gard to the restrictions of section 8110 of title 38, 

2 United States Code. 

3 (e) TRANSFER AUTHORITY IN CONNECTION WITH

4 PAYMENT OF ENVIRONMENTAL REMEDIATION COSTS.— 

5 (1) IN GENERAL.— 

6 (A) TRANSFER BY DEED.—Subject to 

7 paragraph (2) of this subsection and section 

8 120(h) of the Comprehensive Environmental 

9 Response, Compensation, and Liability Act of 

10 1980 (42 U.S.C. 9620(h)), the Secretary may 

11 enter into an agreement to transfer by deed a 

12 facility of the Veterans Health Administration 

13 with any person who agrees to perform all envi14 ronmental restoration, waste management, and 

15 environmental compliance activities that are re16 quired for the property or facilities under Fed17 eral and State laws, administrative decisions, 

18 agreements (including schedules and mile19 stones), and concurrences. 

20 (B) ADDITIONAL TERMS OR CONDI21 TIONS.—The Secretary may require any addi22 tional terms and conditions in connection with 

23 an agreement authorized by subparagraph (A) 

24 as the Secretary considers appropriate to pro25 tect the interests of the United States. 


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1 (2) LIMITATION.—A transfer of a facility of the 

2 Veterans Health Administration may be made under 

3 paragraph (1) only if the Secretary certifies to Con4 gress that— 

5 (A) the costs of all environmental restora6 tion, waste management, and environmental 

7 compliance activities otherwise to be paid by the 

8 Secretary with respect to the facility of the Vet9 erans Health Administration are equal to or 

10 greater than the fair market value of the prop11 erty or facilities to be transferred, as deter12 mined by the Secretary; or 

13 (B) if such costs are lower than the fair 

14 market value of the facility of the Veterans 

15 Health Administration, the recipient of such 

16 transfer agrees to pay the difference between 

17 the fair market value and such costs. 

18 (3) PAYMENT BY THE SECRETARY FOR CER19 TAIN TRANSFERS.—In the case of a facility of the 

20 Veterans Health Administration covered by a certifi21 cation under paragraph (2)(A), the Secretary may 

22 pay the recipient of such facility an amount equal to 

23 the lesser of— 

24 (A) the amount by which the costs in25 curred by the recipient of the facility of the 


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1 Veterans Health Administration for all environ2 mental restoration, waste, management, and en3 vironmental compliance activities with respect 

4 to such facility exceed the fair market value of 

5 such property as specified in such certification; 

6 or 

7 (B) the amount by which the costs (as de8 termined by the Secretary) that would other9 wise have been incurred by the Secretary for 

10 such restoration, management, and activities 

11 with respect to such facility of the Veterans 

12 Health Administration exceed the fair market 

13 value of property as so specified. 

14 (4) DISCLOSURE.—As part of an agreement 

15 under paragraph (1), the Secretary shall disclose to 

16 the person to whom the facility of the Veterans 

17 Health Administration will be transferred any infor18 mation of the Secretary regarding the environmental 

19 restoration, waste management, and environmental 

20 compliance activities described in paragraph (1) that 

21 relate to the facility of the Veterans Health Admin22 istration. The Secretary shall provide such informa23 tion before entering into the agreement. 

24 (5) APPLICABILITY OF CERTAIN ENVIRON25 MENTAL LAWS.—Nothing in this subsection shall be 


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1 construed to modify, alter, or amend the Com2 prehensive Environmental Response, Compensation, 

3 and Liability Act of 1980 (42 U.S.C. 9601 et seq.) 

4 or the Solid Waste Disposal Act (42 U.S.C. 6901 et 

5 seq.). 

6 SEC. 106. DEPARTMENT OF VETERANS AFFAIRS ASSET AND 

7 INFRASTRUCTURE REVIEW ACCOUNT. 

8 (a) ESTABLISHMENT.—There is hereby established in 

9 the ledgers of the Treasury an account to be known as 

10 the ‘‘Department of Veterans Affairs Asset and Infra11 structure Review Account’’ which shall be administered by 

12 the Secretary as a single account. 

13 (b) CREDITS TO ACCOUNT.—There shall be credited 

14 to the Account the following: 

15 (1) Funds authorized for and appropriated to 

16 the Account. 

17 (2) Funds that the Secretary may transfer to 

18 the Account from funds appropriated to the Depart19 ment of Veterans Affairs for any purpose, except 

20 that funds may be transferred under the authority 

21 of this paragraph only after the latter of the dates 

22 on which the Secretary— 

23 (A) transmits written notice of, and jus24 tification for, such transfer to the Committees 


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1 on Veterans’ Affairs of the Senate and the 

2 House of Representatives; and 

3 (B) receives approval of such transfer from 

4 the Committees on Appropriations of the House 

5 of Representatives and the Senate. 

6 (3) Proceeds received from the lease, transfer, 

7 or disposal of any property at a facility of the Vet8 erans Health Administration closed or realigned 

9 under this title. 

10 (c) USE OF ACCOUNT.—The Secretary may use the 

11 funds in the Account only for the following purposes: 

12 (1) To carry out this title. 

13 (2) To cover property management and disposal 

14 costs incurred at facilities of the Veterans Health 

15 Administration closed, modernized, or realigned 

16 under this title. 

17 (3) To cover costs associated with supervision, 

18 inspection, overhead, engineering, and design of con19 struction projects undertaken under this title, and 

20 subsequent claims, if any, related to such activities. 

21 (4) Other purposes that the Secretary deter22 mines support the mission and operations of the De23 partment of Veterans Affairs. 

24 (d) CONSOLIDATED BUDGET JUSTIFICATION DIS25 PLAY FOR ACCOUNT.— 


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1 (1) CONSOLIDATED BUDGET INFORMATION RE2 QUIRED.—The Secretary shall establish a consoli3 dated budget justification display in support of the 

4 Account that for each fiscal year— 

5 (A) details the amount and nature of cred6 its to, and expenditures from, the Account dur7 ing the preceding fiscal year; 

8 (B) separately details the environmental 

9 remediation costs associated with facility of the 

10 Veterans Health Administration for which a 

11 budget request is made; 

12 (C) specifies the transfers into the Account 

13 and the purposes for which these transferred 

14 funds will be further obligated, to include care15 taker and environment remediation costs associ16 ated with each facility of the Veterans Health 

17 Administration; and 

18 (D) details any intra-budget activity trans19 fers within the Account that exceeded 

20 $1,000,000 during the preceding fiscal year or 

21 that are proposed for the next fiscal year and 

22 will exceed $1,000,000. 

23 (2) SUBMISSION.—The Secretary shall include 

24 the information required by paragraph (1) in the 

25 materials that the Secretary submits to Congress in 


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1 support of the budget for a fiscal year submitted by 

2 the President pursuant to section 1105 of title 31, 

3 United States Code. 

4 (e) CLOSURE OF ACCOUNT; TREATMENT OF REMAIN5 ING FUNDS.— 

6 (1) CLOSURE.—The Account shall be closed at 

7 the time and in the manner provided for appropria8 tion accounts under section 1555 of title 31, United 

9 States Code, except that unobligated funds which re10 main in the Account upon closure shall be held by 

11 the Secretary of the Treasury until transferred to 

12 the Secretary of Veterans Affairs by law after the 

13 Committees on Veterans’ Affairs of the Senate and 

14 the House of Representatives receive the final report 

15 transmitted under paragraph (2). 

16 (2) FINAL REPORT.—No later than 60 days 

17 after the closure of the Account under paragraph 

18 (1), the Secretary shall transmit to the Committees 

19 on Veterans’ Affairs of the Senate and the House of 

20 Representatives and the Committees on Appropria21 tions of the House of Representatives and the Sen22 ate a report containing an accounting of— 

23 (A) all the funds credited to and expended 

24 from the Account or otherwise expended under 

25 this title; and 


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1 (B) any funds remaining in the Account. 

2 SEC. 107. CONGRESSIONAL CONSIDERATION OF COMMIS3 SION REPORT. 

4 (a) DISAPPROVAL RESOLUTION.—For purposes of 

5 section 104(b), the term ‘‘joint resolution’’ means only a 

6 joint resolution which is introduced within the 5-day pe7 riod beginning on the date on which the President trans8 mits the report to the Congress under section 103(d), 

9 and— 

10 (1) which does not have a preamble; 

11 (2) the matter after the resolving clause of 

12 which is as follows: ‘‘that Congress disapproves the 

13 recommendations of the VHA Asset and Infrastruc14 ture Review Commission as submitted by the Presi15 dent on lll’’, the blank space being filled with 

16 the appropriate date; and 

17 (3) the title of which is as follows: ‘‘Joint reso18 lution disapproving the recommendations of the 

19 VHA Asset and Infrastructure Review Commis20 sion.’’. 

21 (b) CONSIDERATION IN THE HOUSE OF REPRESENT22 ATIVES.— 

23 (1) REPORTING AND DISCHARGE.—Any com24 mittee of the House of Representatives to which a 

25 joint resolution is referred shall report it to the 


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1 House without amendment not later than 15 legisla2 tive days after the date of introduction thereof. If a 

3 committee fails to report the joint resolution within 

4 that period, the committee shall be discharged from 

5 further consideration of the joint resolution. 

6 (2) PROCEEDING TO CONSIDERATION.—It shall 

7 be in order at any time after the third legislative day 

8 after each committee authorized to consider a joint 

9 resolution has reported or has been discharged from 

10 consideration of a joint resolution, to move to pro11 ceed to consider the joint resolution in the House. 

12 All points of order against the motion are waived. 

13 Such a motion shall not be in order after the House 

14 has disposed of a motion to proceed on a joint reso15 lution addressing a particular submission. The pre16 vious question shall be considered as ordered on the 

17 motion to its adoption without intervening motion. 

18 The motion shall not be debatable. A motion to re19 consider the vote by which the motion is disposed of 

20 shall not be in order. 

21 (3) CONSIDERATION.—The joint resolution 

22 shall be considered as read. All points of order 

23 against the joint resolution and against its consider24 ation are waived. The previous question shall be con25 sidered as ordered on the joint resolution to its pasVerDate Sep 11 2014 20:05 Nov 05, 2017 Jkt 079200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\H4243.IH H4243

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1 sage without intervening motion except two hours of 

2 debate equally divided and controlled by the pro3 ponent and an opponent. A motion to reconsider the 

4 vote on passage of the joint resolution shall not be 

5 in order. 

6 (c) CONSIDERATION IN THE SENATE.— 

7 (1) REFERRAL.—A joint resolution introduced 

8 in the Senate shall be referred to the Committee on 

9 Veterans’ Affairs. 

10 (2) REPORTING AND DISCHARGE.—Any com11 mittee of the Senate to which a joint resolution is 

12 referred shall report it to the Senate without amend13 ment not later than 15 session days after the date 

14 of introduction of a joint resolution described in sub15 section (a). If a committee fails to report the joint 

16 resolution within that period, the committee shall be 

17 discharged from further consideration of the joint 

18 resolution and the joint resolution shall be placed on 

19 the calendar. 

20 (3) FLOOR CONSIDERATION.— 

21 (A) IN GENERAL.—Notwithstanding Rule 

22 XXII of the Standing Rules of the Senate, it is 

23 in order at any time after the third session day 

24 on which the Committee on Veterans’ Affairs 

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1 sideration of a joint resolution described in sub2 section (a) (even though a previous motion to 

3 the same effect has been disagreed to) to move 

4 to proceed to the consideration of the joint reso5 lution, and all points of order against the joint 

6 resolution (and against consideration of the 

7 joint resolution) are waived. The motion to pro8 ceed is not debatable. The motion is not subject 

9 to a motion to postpone. A motion to reconsider 

10 the vote by which the motion is agreed to or 

11 disagreed to shall not be in order. If a motion 

12 to proceed to the consideration of the resolution 

13 is agreed to, the joint resolution shall remain 

14 the unfinished business until disposed of. 

15 (B) CONSIDERATION.—Consideration of 

16 the joint resolution, and on all debatable mo17 tions and appeals in connection therewith, shall 

18 be limited to not more than 2 hours, which 

19 shall be divided equally between the majority 

20 and minority leaders or their designees. A mo21 tion further to limit debate is in order and not 

22 debatable. An amendment to, or a motion to 

23 postpone, or a motion to proceed to the consid24 eration of other business, or a motion to recom25 mit the joint resolution is not in order. 


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1 (C) VOTE ON PASSAGE.—If the Senate has 

2 voted to proceed to a joint resolution, the vote 

3 on passage of the joint resolution shall occur 

4 immediately following the conclusion of consid5 eration of the joint resolution, and a single 

6 quorum call at the conclusion of the debate if 

7 requested in accordance with the rules of the 

8 Senate. 

9 (D) RULINGS OF THE CHAIR ON PROCE10 DURE.—Appeals from the decisions of the Chair 

11 relating to the application of the rules of the 

12 Senate, as the case may be, to the procedure re13 lating to a joint resolution shall be decided 

14 without debate. 

15 (d) AMENDMENT NOT IN ORDER.—A joint resolution 

16 of disapproval considered pursuant to this section shall not 

17 be subject to amendment in either the House of Rep18 resentatives or the Senate. 

19 (e) COORDINATION WITH ACTION BY OTHER

20 HOUSE.— 

21 (1) IN GENERAL.—If, before passing the joint 

22 resolution, one House receives from the other a joint 

23 resolution— 

24 (A) the joint resolution of the other House 

25 shall not be referred to a committee; and 


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1 (B) the procedure in the receiving House 

2 shall be the same as if no joint resolution had 

3 been received from the other House until the 

4 vote on passage, when the joint resolution re5 ceived from the other House shall supplant the 

6 joint resolution of the receiving House. 

7 (2) TREATMENT OF JOINT RESOLUTION OF

8 OTHER HOUSE.—If the Senate fails to introduce or 

9 consider a joint resolution under this section, the 

10 joint resolution of the House shall be entitled to ex11 pedited floor procedures under this section. 

12 (3) TREATMENT OF COMPANION MEASURES.— 

13 If, following passage of the joint resolution in the 

14 Senate, the Senate then receives the companion 

15 measure from the House of Representatives, the 

16 companion measure shall not be debatable. 

17 (f) RULES OF THE HOUSE OF REPRESENTATIVES

18 AND SENATE.—This section is enacted by Congress— 

19 (1) as an exercise of the rulemaking power of 

20 the Senate and House of Representatives, respec21 tively, and as such it is deemed a part of the rules 

22 of each House, respectively, but applicable only with 

23 respect to the procedure to be followed in that 

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1 sedes other rules only to the extent that it is incon2 sistent with such rules; and 

3 (2) with full recognition of the constitutional 

4 right of either House to change the rules (so far as 

5 relating to the procedure of that House) at any time, 

6 in the same manner, and to the same extent as in 

7 the case of any other rule of that House. 

8 SEC. 108. OTHER MATTERS. 

9 (a) ONLINE PUBLICATION OF COMMUNICATIONS.— 

10 (1) IN GENERAL.—Not later than 24 hours 

11 after the transmission or receipt of any communica12 tion under this title that is transmitted or received 

13 by a party specified in paragraph (2), the Secretary 

14 of Veterans Affairs shall publish such communica15 tion online. 

16 (2) PARTIES SPECIFIED.—The parties specified 

17 under this paragraph are the following: 

18 (A) The Secretary of Veterans Affairs. 

19 (B) The Commission. 

20 (C) The President. 

21 (b) CONTINUATION OF EXISTING CONSTRUCTION

22 PROJECTS AND PLANNING.—During activities that the 

23 Commission, President, or Congress carry out under this 

24 title, the Secretary of Veterans Affairs may not stop, sole25 ly because of such activities— 


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1 (1) a construction or leasing project of the Vet2 erans Health Administration; 

3 (2) long-term planning regarding infrastructure 

4 and assets of the Veterans Health Administration; 

5 or 

6 (3) budgetary processes for the Veterans 

7 Health Administration. 

8 (c) RECOMMENDATIONS FOR FUTURE ASSET RE9 VIEWS.—The Secretary of Veterans Affairs may, after 

10 consulting with veterans service organizations, include in 

11 budget submissions the Secretary submits after the termi12 nation of the Commission recommendations for future 

13 such commissions or other capital asset realignment and 

14 management processes. 

15 SEC. 109. DEFINITIONS. 

16 In this title: 

17 (1) The term ‘‘Account’’ means the Department 

18 of Veterans Affairs Asset and Infrastructure Review 

19 Account established by section 106(a). 

20 (2) The term ‘‘Commission’’ means the Com21 mission established by section 102. 

22 (3) The term ‘‘date of approval’’, with respect 

23 to a modernization or realignment of a facility of the 

24 Veterans Health Administration, means the date on 

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1 ommendation of modernization or realignment, as 

2 the case may be, of such facility under this title ex3 pires. 

4 (4) The term ‘‘facility of the Veterans Health 

5 Administration’’— 

6 (A) means any land, building, structure, or 

7 infrastructure (including any medical center, 

8 nursing home, domiciliary facility, outpatient 

9 clinic, center that provides readjustment coun10 seling, or leased facility) that is— 

11 (i) under the jurisdiction of the De12 partment of Veterans Affairs; 

13 (ii) under the control of the Veterans 

14 Health Administration; and 

15 (iii) not under the control of the Gen16 eral Services Administration; or 

17 (B) with respect to a colocated facility of 

18 the Department of Veterans Affairs, includes 

19 any land, building, or structure— 

20 (i) under the jurisdiction of the De21 partment of Veterans Affairs; 

22 (ii) under the control of another ad23 ministration of the Department of Vet24 erans Affairs; and 


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1 (iii) not under the control of the Gen2 eral Services Administration. 

3 (5) The term ‘‘infrastructure’’ means improve4 ments to land other than buildings or structures. 

5 (6) The term ‘‘modernization’’ includes— 

6 (A) any action, including closure, required 

7 to align the form and function of a facility of 

8 the Veterans Health Administration to the pro9 vision of modern day health care, including util10 ities and environmental control systems; 

11 (B) the construction, purchase, lease, or 

12 sharing of a facility of the Veterans Health Ad13 ministration; and 

14 (C) realignments, disposals, exchanges, col15 laborations between the Department of Vet16 erans Affairs and other Federal entities, and 

17 strategic collaborations between the Depart18 ment and non-Federal entities, including tribal 

19 organizations. 

20 (7) The term ‘‘realignment’’, with respect to a 

21 facility of the Veterans Health Administration, in22 cludes— 

23 (A) any action that changes the numbers 

24 of or relocates services, functions, and per25 sonnel positions; 


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1 (B) disposals or exchanges between the 

2 Department of Veterans Affairs and other Fed3 eral entities, including the Department of De4 fense; and 

5 (C) strategic collaborations between the 

6 Department of Veterans Affairs and non-Fed7 eral entities, including tribal organizations. 

8 (8) The term ‘‘redevelopment authority’’, in the 

9 case of a facility of the Veterans Health Administra10 tion closed or modernized under this title, means 

11 any entity (including an entity established by a 

12 State or local government) recognized by the Sec13 retary of Veterans Affairs as the entity responsible 

14 for developing the redevelopment plan with respect 

15 to the facility or for directing the implementation of 

16 such plan. 

17 (9) The term ‘‘redevelopment plan’’ in the case 

18 of a facility of the Veterans Health Administration 

19 to be closed or realigned under this title, means a 

20 plan that— 

21 (A) is agreed to by the local redevelopment 

22 authority with respect to the facility; and 

23 (B) provides for the reuse or redevelop24 ment of the real property and personal property 

25 of the facility that is available for such reuse 


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1 and redevelopment as a result of the closure or 

2 realignment of the facility. 

3 (10) The term ‘‘Secretary’’ means the Secretary 

4 of Veterans Affairs. 

5 (11) The term ‘‘tribal organization’’ has the 

6 meaning given such term in section 3765 of title 38, 

7 United States Code. 

8 TITLE II—IMPROVEMENTS TO 

9 CONSTRUCTION MANAGE10 MENT AND LEASES 

11 SEC. 201. MODIFICATION OF THRESHOLDS FOR MAJOR 

12 MEDICAL FACILITY PROJECTS AND MAJOR 

13 MEDICAL FACILITY LEASES. 

14 (a) DEFINITIONS.—Paragraph (3) of section 8104(a) 

15 of title 38, United States Code, is amended to read as 

16 follows: 

17 ‘‘(3) In this subsection: 

18 ‘‘(A)(i) The term ‘major medical facility project’ 

19 means— 

20 ‘‘(I) a project for the construction, alter21 ation, or acquisition of a medical facility involv22 ing a total expenditure of more than 

23 $20,000,000; or 

24 ‘‘(II) the construction, alteration, or acqui25 sition of a shared medical facility (as defined in 


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1 section 8111B(d) of this title) for which the es2 timated share of the Department of Veterans 

3 Affairs for the costs of such construction, alter4 ation, or acquisition exceeds $20,000,000. 

5 ‘‘(ii) Such term does not include— 

6 ‘‘(I) an acquisition by exchange; 

7 ‘‘(II) nonrecurring maintenance projects of 

8 the Department; or 

9 ‘‘(III) the construction, alteration, or ac10 quisition of a shared medical facility for which 

11 the estimated share of the Department of Vet12 erans Affairs for the costs of such construction, 

13 alteration, or acquisition does not exceed 

14 $20,000,000. 

15 ‘‘(B) The term ‘major medical facility lease’ 

16 means— 

17 ‘‘(i) a lease for space for use as a new 

18 medical facility at an average annual rent that 

19 is equal to or exceeds the amount specified in 

20 subsection (a)(2) of section 3307 of title 40; or 

21 ‘‘(ii) a lease for space for use as a shared 

22 medical facility (as defined in section 8111B(d) 

23 of this title) for which the estimated share of 

24 the Department of Veterans Affairs for the 

25 costs of such lease is equal to or exceeds the 


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1 amount specified in subsection (a)(2) of section 

2 3307 of title 40.’’. 

3 (b) APPLICATION.—The amendment made by sub4 section (a) shall apply with respect to major medical facil5 ity projects and major medical facility leases authorized 

6 by law on or after the date of the enactment of this Act. 

7 SEC. 202. SUBMISSION OF PROSPECTUSES OF PROPOSED 

8 MINOR MEDICAL FACILITY PROJECTS. 

9 Section 8104(b) of title 38, United States Code, is 

10 amended, in the matter preceding paragraph (1), by strik11 ing ‘‘a major medical facility project (as defined in sub12 section (a)(3)(A))’’ and inserting the following: ‘‘a major 

13 medical facility project (as defined in subsection 

14 (a)(3)(A)), a medical facility project that would be a major 

15 medical facility project but for the total expenditure (or, 

16 with respect to a shared medical facility, the estimated 

17 share of the Department of Veterans Affairs) being an 

18 amount that is more than $10,000,000 and less than 

19 $20,000,000,’’. 

20 SEC. 203. IMPROVEMENT TO TRAINING OF CONSTRUCTION 

21 PERSONNEL. 

22 Subsection (g) of section 8103 of title 38, United 

23 States Code, is amended to read as follows: 

24 ‘‘(g)(1)(A) Not later than September 30 of the fiscal 

25 year following the fiscal year during which this subsection 


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1 is enacted, the Secretary shall implement the covered 

2 training curriculum and the covered certification program. 

3 ‘‘(B) In designing and implementing the covered 

4 training curriculum and the covered certification program 

5 under paragraph (1), the Secretary shall use as models 

6 existing training curricula and certification programs that 

7 have been established under chapter 87 of title 10, United 

8 States Code, as determined relevant by the Secretary. 

9 ‘‘(2) The Secretary may develop the training cur10 riculum under paragraph (1)(A) in a manner that provides 

11 such training in any combination of— 

12 ‘‘(A) training provided in person; 

13 ‘‘(B) training provided over an internet website; 

14 or 

15 ‘‘(C) training provided by another department 

16 or agency of the Federal Government. 

17 ‘‘(3) The Secretary may develop the certification pro18 gram under paragraph (1)(A) in a manner that uses— 

19 ‘‘(A) one level of certification; or 

20 ‘‘(B) more than one level of certification, as de21 termined appropriate by the Secretary with respect 

22 to the level of certification for different grades of the 

23 General Schedule. 

24 ‘‘(4) The Secretary may enter into a contract with 

25 an appropriate entity to provide the covered training curVerDate Sep 11 2014 20:05 Nov 05, 2017 Jkt 079200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\H4243.IH H4243

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1 riculum and the covered certification program under para2 graph (1)(A). 

3 ‘‘(5)(A) Not later than September 30 of the second 

4 fiscal year following the fiscal year during which this Act 

5 is enacted, the Secretary shall ensure that the majority 

6 of employees subject to the covered certification program 

7 achieve the certification or the appropriate level of certifi8 cation pursuant to paragraph (3), as the case may be. 

9 ‘‘(B) After carrying out subparagraph (A), the Sec10 retary shall ensure that each employee subject to the cov11 ered certification program achieves the certification or the 

12 appropriate level of certification pursuant to paragraph 

13 (3), as the case may be, as quickly as practicable. 

14 ‘‘(6) In this subsection: 

15 ‘‘(A) The term ‘covered certification program’ 

16 means, with respect to employees of the Department 

17 of Veterans Affairs who are members of occupational 

18 series relating to construction or facilities manage19 ment, or employees of the Department who award or 

20 administer contracts for major construction, minor 

21 construction, or nonrecurring maintenance, including 

22 as contract specialists or contracting officers’ rep23 resentatives, a program to certify knowledge and 

24 skills relating to construction or facilities manage25 ment and to ensure that such employees maintain 


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1 adequate expertise relating to industry standards 

2 and best practices for the acquisition of design and 

3 construction services. 

4 ‘‘(B) The term ‘covered training curriculum’ 

5 means, with respect to employees specified in sub6 paragraph (A), a training curriculum relating to 

7 construction or facilities management.’’. 

8 SEC. 204. AUTHORITY TO PLAN, DESIGN, CONSTRUCT, OR 

9 LEASE SHARED MEDICAL FACILITIES. 

10 (a) AUTHORITY.— 

11 (1) IN GENERAL.—Chapter 81 of title 38, 

12 United States Code, is amended by inserting after 

13 section 8111A the following new section: 

14 ‘‘§ 8111B. Authority to plan, design, construct or lease 

15 a medical facility shared with other de16 partments or agencies 

17 ‘‘(a) AUTHORITY.—Subject to sections 8103 and 

18 8104 of this title, the Secretary of Veterans Affairs may 

19 enter into agreements with the heads of other departments 

20 or agencies of the Federal Government for the planning, 

21 designing, constructing, or leasing of medical facilities to 

22 be shared by the Department of Veterans Affairs and that 

23 department or agency to improve the access to, and qual24 ity and cost effectiveness of, the health care provided by 


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1 the Veterans Health Administration and that department 

2 or agency. 

3 ‘‘(b) TRANSFERS OF AMOUNTS FROM DEPARTMENT

4 OF VETERANS AFFAIRS.—(1) With respect to a shared 

5 medical facility construction project for which the esti6 mated costs to the Department of Veterans Affairs do not 

7 exceed the amount specified in section 8104(a)(3)(A) of 

8 this title, the Secretary of Veterans Affairs may transfer 

9 to the partner agency amounts appropriated in the Con10 struction, Minor Projects account of the Department for 

11 use for the planning, design, or construction of the shared 

12 medical facility. 

13 ‘‘(2) With respect to a shared medical facility con14 struction project for which the estimated costs to the De15 partment of Veterans Affairs exceed the amount specified 

16 in section 8104(a)(3)(A) of this title, the Secretary of Vet17 erans Affairs may transfer to the partner agency amounts 

18 appropriated in the Construction, Major Projects account 

19 of the Department for use for the planning, design, or con20 struction of the shared medical facility. 

21 ‘‘(3) With respect to a shared medical facility lease 

22 project for which the estimated costs of the lease to the 

23 Department of Veterans Affairs do not exceed the amount 

24 specified in section 8104(a)(3)(B) of this title, the Sec25 retary of Veterans Affairs may transfer to the partner 


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1 agency amounts appropriated in the applicable medical ap2 propriation account of the Department for such lease. 

3 ‘‘(c) TRANSFERS OF AMOUNTS TO DEPARTMENT OF

4 VETERANS AFFAIRS.—(1) With respect to a shared med5 ical facility construction project for which the estimated 

6 costs to the Department of Veterans Affairs do not exceed 

7 the amount specified in section 8104(a)(3)(A) of this title, 

8 any amounts transferred by the partner agency to the Sec9 retary of Veterans Affairs may be deposited in the Con10 struction, Minor Projects account of the Department for 

11 use for the planning, design, or construction of the shared 

12 medical facility. Amounts so deposited shall be merged 

13 with and available for the same purposes, and for the same 

14 period, as such account. 

15 ‘‘(2) With respect to a shared medical facility con16 struction project for which the estimated costs to the De17 partment of Veterans Affairs exceed the amount specified 

18 in section 8104(a)(3)(A) of this title, any amounts trans19 ferred by the partner agency to the Secretary of Veterans 

20 Affairs may be deposited in the Construction, Major 

21 Projects account of the Department for use for the plan22 ning, design, or construction of the shared medical facility. 

23 Amounts so deposited shall be merged with and available 

24 for the same purposes, and for the same period, as such 

25 account. 


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1 ‘‘(3) With respect to a shared medical facility lease 

2 project, any amounts transferred by the partner agency 

3 to the Secretary of Veterans Affairs may be deposited in 

4 the applicable medical appropriation account of the De5 partment for such lease. Amounts so deposited shall be 

6 available without fiscal year limitation. 

7 ‘‘(d) DEFINITIONS.—In this section: 

8 ‘‘(1) The term ‘partner agency’ means a depart9 ment or agency of the Federal Government that has 

10 entered into an agreement with the Secretary of Vet11 erans Affairs under subsection (a). 

12 ‘‘(2) The term ‘shared medical facility’ means a 

13 medical facility shared by the Department of Vet14 erans Affairs and a partner agency pursuant to an 

15 agreement entered into under subsection (a). 

16 ‘‘(3) The term ‘shared medical facility construc17 tion project’ means the planning, designing, or con18 structing of a shared medical facility pursuant to an 

19 agreement entered into under subsection (a). 

20 ‘‘(4) The term ‘shared medical facility lease 

21 project’ means the leasing of a shared medical facil22 ity pursuant to an agreement entered into under 

23 subsection (a).’’. 

24 (2) CLERICAL AMENDMENT.—The table of sec25 tions at the beginning of such chapter is amended 


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1 by inserting after the item relating to section 8111A 

2 the following new item: 

‘‘8111B. Authority to plan, design, construct, or lease a medical facility shared 

with other departments or agencies.’’. 

3 (b) DEFINITION OF MEDICAL FACILITY.—Paragraph 

4 (3) of section 8101 of title 38, United States Code, is 

5 amended to read as follows: 

6 ‘‘(3) The term ‘medical facility’ means any facility or 

7 part thereof which is, or will be, under the jurisdiction 

8 of the Secretary, including with respect to a shared med9 ical facility (as defined in section 8111B(d) of this title), 

10 for the provision of health-care services (including hos11 pital, outpatient clinic, extended care services, nursing 

12 home, or domiciliary care or medical services), including 

13 any necessary building and auxiliary structure, garage, 

14 parking facility, mechanical equipment, trackage facilities 

15 leading thereto, abutting sidewalks, accommodations for 

16 attending personnel, and recreation facilities associated 

17 therewith.’’. 

18 SEC. 205. ENHANCED USE LEASE AUTHORITY. 

19 (a) IN GENERAL.—Section 8162(a)(2) of title 38, 

20 United States Code, is amended— 

21 (1) by striking ‘‘only’’; and 

22 (2) by inserting ‘‘, or if the lease will enhance 

23 the use of the property,’’ after ‘‘housing’’. 


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1 (b) APPLICATION.—The amendments made by sub2 section (a) shall apply with respect to enhanced-use leases 

3 entered into on or after the date of the enactment of this 

4 Act. 

5 TITLE III—OTHER MATTERS 

6 SEC. 301. EXCEPTION ON LIMITATION ON AWARDS AND BO7 NUSES FOR RECRUITMENT, RELOCATION, 

8 AND RETENTION. 

9 Section 705(a) of the Veterans Access, Choice, and 

10 Accountability Act of 2014 (Public Law 113–146; 38 

11 U.S.C. 703 note) is amended, in the matter preceding 

12 paragraph (1), by inserting ‘‘other than recruitment, relo13 cation, or retention incentives,’’ after ‘‘title 38, United 

14 States Code,’’. 

15 SEC. 302. APPROPRIATION OF AMOUNTS. 

16 (a) VETERANS CHOICE PROGRAM.—There is author17 ized to be appropriated, and is appropriated, to the Sec18 retary of Veterans Affairs, out of any funds in the Treas19 ury not otherwise appropriated, $2,100,000,000 to be de20 posited in the Veterans Choice Fund under section 802 

21 of the Veterans Access, Choice, and Accountability Act of 

22 2014 (Public Law 113–146; 38 U.S.C. 1701 note). 

23 (b) MINOR CONSTRUCTION AND NONRECURRING

24 MAINTENANCE.— 


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1 (1) IN GENERAL.—There is authorized to be 

2 appropriated, and is appropriated, to the Secretary 

3 of Veterans Affairs, out of any funds in the Treas4 ury not otherwise appropriated, $500,000,000 for 

5 ‘‘Medical Facilities’’ for minor construction and non6 recurring maintenance projects, to be prioritized ac7 cording to their rankings in the strategic capital in8 vestment planning process. 

9 (2) NOTIFICATION.—Not later than 30 days be10 fore obligating amounts appropriated under para11 graph (1), the Secretary shall notify the Committees 

12 on Veterans’ Affairs of the House of Representatives 

13 and the Senate and the Committees on Appropria14 tions of the House of Representatives and the Sen15 ate of the medical facilities and specifics of the 

16 projects for which such amounts shall be obligated. 

17 (c) AVAILABILITY OF AMOUNTS.—The amounts ap18 propriated under subsections (a) and (b)(1) shall be avail19 able for obligation or expenditure without fiscal year limi20 tation. 

Æ 


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