IB 

Union Calendar No. 867 

115TH CONGRESS 

2D SESSION H. R. 4243 

[Report No. 115–1036, Part I] 

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 

NOVEMBER 16, 2018 

Reported from the Committee on Veterans’ Affairs with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

NOVEMBER 16, 2018 

Referral to the Committees on Rules and Appropriations extended for a period 

ending not later than December 28, 2018 

[For text of introduced bill, see copy of bill as introduced on November 3, 2017] 

DECEMBER 28, 2018 

Additional sponsors: Mr. BILIRAKIS, Mr. SESSIONS, and Mr. FRANCIS

ROONEY of Florida 

DECEMBER 28, 2018 

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mittee of the Whole House on the State of the Union and ordered to be 

printed 

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. 

Sec. 303. Assessment of health care furnished by the Department to veterans who 

live in the territories. 

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 du7 ties specified for it in this title. 

8 (c) APPOINTMENT.— 

9 (1) IN GENERAL.— 

10 (A) APPOINTMENT.—The Commission shall 

11 be composed of 9 members appointed by the 

12 President, by and with the advice and consent of 

13 the Senate. 

14 (B) TRANSMISSION OF NOMINATIONS.—The 

15 President shall transmit to the Senate the nomi16 nations for appointment to the Commission not 

17 later than May 31, 2021. 

18 (2) CONSULTATION IN SELECTION PROCESS.—In 

19 selecting individuals for nominations for appoint20 ments to the Commission, the President shall consult 

21 with— 

22 (A) the Speaker of the House of Representa23 tives; 

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 nominating 

13 individuals under this subsection, the President shall 

14 ensure that— 

15 (A) veterans, reflecting current demo16 graphics of veterans enrolled in the system of an17 nual patient enrollment under section 1705 of 

18 title 38, United States Code, are adequately rep19 resented in the membership of the Commission; 

20 (B) at least one member of the Commission 

21 has experience working for a private integrated 

22 health care system that has annual gross reve23 nues of more than $50,000,000; 

24 (C) at least one member has experience as 

25 a senior manager for an entity specified in 


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

2 of the Veterans Access, Choice, and Account3 ability Act of 2014 (Public Law 113–146; 38 

4 U.S.C. 1701 note); 

5 (D) at least one member— 

6 (i) has experience with capital asset 

7 management for the Federal Government; 

8 and 

9 (ii) is familiar with trades related to 

10 building and real property, including con11 struction, engineering, architecture, leasing, 

12 and strategic partnerships; and 

13 (E) at least three members represent con14 gressionally chartered, membership-based, vet15 erans service organizations. 

16 (d) MEETINGS.— 

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

18 only during calendar years 2022 and 2023. 

19 (2) PUBLIC NATURE OF MEETINGS AND PRO20 CEEDINGS.— 

21 (A) PUBLIC MEETINGS.—Each meeting of 

22 the Commission shall be open to the public. 

23 (B) OPEN PARTICIPATION.—All the pro24 ceedings, information, and deliberations of the 


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1 Commission shall be available for review by the 

2 public. 

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

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

5 but the individual appointed to fill the vacancy shall serve 

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

7 individual’s predecessor was appointed. 

8 (f) PAY.— 

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

10 shall serve without pay. 

11 (2) OFFICERS OR EMPLOYEES OF THE UNITED

12 STATES.—Each member of the Commission who is an 

13 officer or employee of the United States shall serve 

14 without compensation in addition to that received for 

15 service as an officer or employee of the United States. 

16 (3) TRAVEL EXPENSES.—Members shall receive 

17 travel expenses, including per diem in lieu of subsist18 ence, in accordance with sections 5702 and 5703 of 

19 title 5, United States Code. 

20 (g) DIRECTOR OF STAFF.— 

21 (1) APPOINTMENT.—The Commission shall ap22 point a Director who— 

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

24 Department of Veterans Affairs during the oneVerDate Sep 11 2014 22:11 Dec 28, 2018 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H4243.RH H4243

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1 year period preceding the date of such appoint2 ment; and 

3 (B) is not otherwise barred or prohibited 

4 from serving as Director under Federal ethics 

5 laws and regulations, by reason of post-employ6 ment conflict of interest. 

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

8 the rate of basic pay payable for level IV of the Exec9 utive Schedule under section 5315 of title 5, United 

10 States Code. 

11 (h) STAFF.— 

12 (1) PAY OF PERSONNEL.—Subject to paragraphs 

13 (2) and (3), the Director, with the approval of the 

14 Commission, may appoint and fix the pay of addi15 tional personnel. 

16 (2) EXEMPTION FROM CERTAIN REQUIRE17 MENTS.—The Director may make such appointments 

18 without regard to the provisions of title 5, United 

19 States Code, governing appointments in the competi20 tive service, and any personnel so appointed may be 

21 paid without regard to the provisions of chapter 51 

22 and subchapter III of chapter 53 of that title relating 

23 to classification and General Schedule pay rates, ex24 cept that an individual so appointed may not receive 


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1 pay in excess of the annual rate of basic pay payable 

2 for GS–15 of the General Schedule. 

3 (3) DETAILEES.— 

4 (A) LIMITATION ON NUMBER.—Not more 

5 than two-thirds of the personnel employed by or 

6 detailed to the Commission may be on detail 

7 from the Department of Veterans Affairs. 

8 (B) PROFESSIONAL ANALYSTS.—Not more 

9 than half of the professional analysts of the Com10 mission staff may be persons detailed from the 

11 Department of Veterans Affairs to the Commis12 sion. 

13 (C) PROHIBITION ON DETAIL OF CERTAIN

14 PERSONNEL.—A person may not be detailed 

15 from the Department of Veterans Affairs to the 

16 Commission if, within 6 months before the detail 

17 is to begin, that person participated personally 

18 and substantially in any matter within the De19 partment of Veterans Affairs concerning the 

20 preparation of recommendations regarding fa21 cilities of the Veterans Health Administration. 

22 (4) AUTHORITY TO REQUEST DETAILED PER23 SONNEL.—Subject to paragraph (3), the head of any 

24 Federal department or agency, upon the request of the 

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1 partment or agency to the Commission to assist the 

2 Commission in carrying out its duties under this 

3 title. 

4 (5) INFORMATION FROM FEDERAL AGENCIES.— 

5 The Commission may secure directly from any Fed6 eral agency such information the Commission con7 siders necessary to carry out this title. Upon request 

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

9 such information to the Commission. 

10 (i) OTHER AUTHORITY.— 

11 (1) TEMPORARY AND INTERMITTENT SERV12 ICES.—The Commission may procure by contract, to 

13 the extent funds are available, the temporary or inter14 mittent services of experts or consultants pursuant to 

15 section 3109 of title 5, United States Code. 

16 (2) LEASING AND ACQUISITION OF PROPERTY.— 

17 To the extent funds are available, the Commission 

18 may lease real property and acquire personal prop19 erty either of its own accord or in consultation with 

20 the General Services Administration. 

21 (j) TERMINATION.—The Commission shall terminate 

22 on December 31, 2023. 

23 (k) PROHIBITION AGAINST RESTRICTING COMMUNICA24 TIONS.— 


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1 (1) IN GENERAL.—Except as provided in para2 graph (2), no person may restrict an employee of the 

3 Department of Veterans Affairs in communicating 

4 with the Commission. 

5 (2) UNLAWFUL COMMUNICATIONS.—Paragraph 

6 (1) does not apply to a communication that is unlaw7 ful. 

8 SEC. 103. PROCEDURE FOR MAKING RECOMMENDATIONS. 

9 (a) SELECTION CRITERIA.— 

10 (1) PUBLICATION.—The Secretary shall, not later 

11 than February 1, 2021, and after consulting with vet12 erans service organizations, publish in the Federal 

13 Register and transmit to the Committees on Veterans’ 

14 Affairs of the Senate and the House of Representatives 

15 the criteria proposed to be used by the Department of 

16 Veterans Affairs in assessing and making rec17 ommendations regarding the modernization or re18 alignment of facilities of the Veterans Health Admin19 istration under this title. Such criteria shall include 

20 the preferences of veterans regarding health care fur21 nished by the Department. 

22 (2) PUBLIC COMMENT.—The Secretary shall pro23 vide an opportunity for public comment on the pro24 posed criteria under paragraph (1) for a period of at 

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1 tunity in the publication required under such para2 graph. 

3 (3) PUBLICATION OF FINAL CRITERIA.—The Sec4 retary shall, not later than May 31, 2021, publish in 

5 the Federal Register and transmit to the Committees 

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

7 Representatives the final criteria to be used in mak8 ing recommendations regarding the closure, mod9 ernization, or realignment of facilities of the Veterans 

10 Health Administration under this title. 

11 (b) RECOMMENDATIONS OF THE SECRETARY.— 

12 (1) PUBLICATION IN FEDERAL REGISTER.—The 

13 Secretary shall, not later than January 31, 2022, and 

14 after consulting with veterans service organizations, 

15 publish in the Federal Register and transmit to the 

16 Committees on Veterans’ Affairs of the Senate and the 

17 House of Representatives and to the Commission a re18 port detailing the recommendations regarding the 

19 modernization or realignment of facilities of the Vet20 erans Health Administration on the basis of the final 

21 criteria referred to in subsection (a)(2) that are ap22 plicable. 

23 (2) FACTORS FOR CONSIDERATION.—In making 

24 recommendations under this subsection, the Secretary 

25 shall consider each of the following factors: 


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1 (A) The degree to which any health care de2 livery or other site for providing services to vet3 erans reflect the metrics of the Department of 

4 Veterans Affairs regarding market area health 

5 system planning. 

6 (B) The provision of effective and efficient 

7 access to high-quality health care and services for 

8 veterans. 

9 (C) The extent to which the real property 

10 that no longer meets the needs of the Federal 

11 Government could be reconfigured, repurposed, 

12 consolidated, realigned, exchanged, outleased, 

13 repurposed, replaced, sold, or disposed. 

14 (D) The need of the Veterans Health Ad15 ministration to acquire infrastructure or facili16 ties that will be used for the provision of health 

17 care and services to veterans. 

18 (E) The extent to which the operating and 

19 maintenance costs are reduced through consoli20 dating, colocating, and reconfiguring space, and 

21 through realizing other operational efficiencies. 

22 (F) The extent and timing of potential costs 

23 and savings, including the number of years such 

24 costs or savings will be incurred, beginning with 


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1 the date of completion of the proposed rec2 ommendation. 

3 (G) The extent to which the real property 

4 aligns with the mission of the Department of 

5 Veterans Affairs. 

6 (H) The extent to which any action would 

7 impact other missions of the Department (in8 cluding education, research, or emergency pre9 paredness). 

10 (I) Local stakeholder inputs and any factors 

11 identified through public field hearings. 

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

13 (K) Any other such factors the Secretary de14 termines appropriate. 

15 (3) CAPACITY AND COMMERCIAL MARKET AS16 SESSMENTS.— 

17 (A) ASSESSMENTS.—The Secretary shall as18 sess the capacity of each Veterans Integrated 

19 Service Network and medical facility of the De20 partment to furnish hospital care or medical 

21 services to veterans under chapter 17 of title 38, 

22 United States Code. Each such assessment 

23 shall— 


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1 (i) identify gaps in furnishing such 

2 care or services at such Veterans Integrated 

3 Service Network or medical facility; 

4 (ii) identify how such gaps can be 

5 filled by— 

6 (I) entering into contracts or 

7 agreements with network providers 

8 under this section or with entities 

9 under other provisions of law; 

10 (II) making changes in the way 

11 such care and services are furnished at 

12 such Veterans Integrated Service Net13 work or medical facility, including— 

14 (aa) extending hours of oper15 ation; 

16 (bb) adding personnel; or 

17 (cc) expanding space through 

18 the construction, leasing, or shar19 ing of health care facilities; 

20 (III) the building or realignment 

21 of Department resources or personnel; 

22 (iii) forecast, based on future projec23 tions and historical trends, both the short24 and long-term demand in furnishing care 

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1 ice Network or medical facility and assess 

2 how such demand affects the needs to use 

3 such network providers; 

4 (iv) include a commercial health care 

5 market assessment of designated catchment 

6 areas in the United States conducted by a 

7 non-governmental entity; and 

8 (v) consider the unique ability of the 

9 Federal Government to retain a presence in 

10 an area otherwise devoid of commercial 

11 health care providers or from which such 

12 providers are at risk of leaving. 

13 (B) CONSULTATION.—In carrying out the 

14 assessments under subparagraph (A), the Sec15 retary shall consult with veterans service organi16 zations and veterans served by each such Vet17 erans Integrated Service Network and medical 

18 facility. 

19 (C) SUBMITTAL.—The Secretary shall sub20 mit such assessments to the Committees on Vet21 erans’ Affairs of the House of Representatives 

22 and the Senate with the recommendations of the 

23 Secretary under this subsection and make the as24 sessments publicly available. 


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1 (4) SUMMARY OF SELECTION PROCESS.—The 

2 Secretary shall include, with the list of recommenda3 tions published and transmitted pursuant to para4 graph (1), a summary of the selection process that re5 sulted in the recommendation for each facility of the 

6 Veterans Health Administration, including a jus7 tification for each recommendation. The Secretary 

8 shall transmit the matters referred to in the preceding 

9 sentence not later than 7 days after the date of the 

10 transmittal to the Committees on Veterans’ Affairs of 

11 the Senate and the House of Representatives and the 

12 Commission of the report referred to in paragraph 

13 (1). 

14 (5) TREATMENT OF FACILITIES.—In assessing 

15 facilities of the Veterans Health Administration, the 

16 Secretary shall consider all such facilities equally 

17 without regard to whether the facility has been pre18 viously considered or proposed for reuse, closure, mod19 ernization, or realignment by the Department of Vet20 erans Affairs. 

21 (6) AVAILABILITY OF INFORMATION TO CON22 GRESS.—In addition to making all information used 

23 by the Secretary to prepare the recommendations 

24 under this subsection available to Congress (including 

25 any committee or Member of Congress), the Secretary 


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1 shall also make such information available to the 

2 Commission and the Comptroller General of the 

3 United States. 

4 (7) CERTIFICATION OF ACCURACY.— 

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

6 in subparagraph (B), when submitting informa7 tion to the Secretary or the Commission con8 cerning the modernization or realignment of a 

9 facility of the Veterans Health Administration, 

10 shall certify that such information is accurate 

11 and complete to the best of that person’s knowl12 edge and belief. 

13 (B) COVERED PERSONS.—Subparagraph 

14 (A) applies to the following persons: 

15 (i) Each Under Secretary of the De16 partment of Veterans Affairs. 

17 (ii) Each director of a Veterans Inte18 grated Service Network. 

19 (iii) Each director of a medical center 

20 of the Department of Veterans Affairs. 

21 (iv) Each director of a program office 

22 of the Department of Veterans Affairs. 

23 (v) Each person who is in a position 

24 the duties of which include personal and 

25 substantial involvement in the preparation 


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1 and submission of information and rec2 ommendations concerning the moderniza3 tion or realignment of facilities of the Vet4 erans Health Administration. 

5 (c) REVIEW AND RECOMMENDATIONS BY THE COMMIS6 SION.— 

7 (1) PUBLIC HEARINGS.— 

8 (A) IN GENERAL.—After receiving the rec9 ommendations from the Secretary pursuant to 

10 subsection (b), the Commission shall conduct 

11 public hearings on the recommendations. 

12 (B) LOCATIONS.—The Commission shall 

13 conduct public hearings in regions affected by a 

14 recommendation of the Secretary to close a facil15 ity of the Veterans Health Administration. To 

16 the greatest extent practicable, the Commission 

17 shall conduct public hearings in regions affected 

18 by a recommendation of the Secretary to mod19 ernize or realign such a facility. 

20 (C) REQUIRED WITNESSES.—Witnesses at 

21 each public hearing shall include at a min22 imum— 

23 (i) a veteran— 

24 (I) enrolled under section 1705 of 

25 title 38, United States Code; and 


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1 (II) identified by a local veterans 

2 service organization; and 

3 (ii) a local elected official. 

4 (2) TRANSMITTAL TO PRESIDENT.— 

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

6 not later than January 31, 2023, transmit to the 

7 President a report containing the Commission’s 

8 findings and conclusions based on a review and 

9 analysis of the recommendations made by the 

10 Secretary, together with the Commission’s rec11 ommendations, for modernizations and realign12 ments of facilities of the Veterans Health Admin13 istration. 

14 (B) AUTHORITY TO MAKE CHANGES TO REC15 OMMENDATIONS.—Subject to subparagraph (C), 

16 in making its recommendations, the Commission 

17 may change any recommendation made by the 

18 Secretary if the Commission— 

19 (i) determines that the Secretary devi20 ated substantially from the final criteria re21 ferred to in subsection (a)(2) in making 

22 such recommendation; 

23 (ii) determines that the change is con24 sistent with the final criteria referred to in 

25 subsection (a)(2); 


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1 (iii) publishes a notice of the proposed 

2 change in the Federal Register not less than 

3 45 days before transmitting its rec4 ommendations to the President pursuant to 

5 subparagraph (A); and 

6 (iv) conducts public hearings on the 

7 proposed change. 

8 (3) JUSTIFICATION FOR CHANGES.—The Com9 mission shall explain and justify in its report sub10 mitted to the President pursuant to paragraph (2) 

11 any recommendation made by the Commission that is 

12 different from the recommendations made by the Sec13 retary pursuant to subsection (b). The Commission 

14 shall transmit a copy of such report to the Commit15 tees on Veterans’ Affairs of the Senate and the House 

16 of Representatives on the same date on which it 

17 transmits its recommendations to the President under 

18 paragraph (2). 

19 (4) PROVISION OF INFORMATION TO CON20 GRESS.—After January 31, 2023, the Commission 

21 shall promptly provide, upon request, to any Member 

22 of Congress information used by the Commission in 

23 making its recommendations. 

24 (d) REVIEW BY THE PRESIDENT.— 


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

2 than February 15, 2023, transmit to the Commission 

3 and to the Congress a report containing the Presi4 dent’s approval or disapproval of the Commission’s 

5 recommendations. 

6 (2) PRESIDENTIAL APPROVAL.—If the President 

7 approves all the recommendations of the Commission, 

8 the President shall transmit a copy of such rec9 ommendations to the Congress, together with a certifi10 cation of such approval. 

11 (3) PRESIDENTIAL DISAPPROVAL.—If the Presi12 dent disapproves the recommendations of the Commis13 sion, in whole or in part, the President shall transmit 

14 to the Commission and the Congress, not later than 

15 March 1, 2023, the reasons for that disapproval. The 

16 Commission shall then transmit to the President, not 

17 later than March 15, 2023, a revised list of rec18 ommendations for closures, modernizations, and re19 alignments of facilities of the Veterans Health Admin20 istration. 

21 (4) TRANSMITTAL OF RECOMMENDATIONS TO

22 CONGRESS.—If the President approves all of the re23 vised recommendations of the Commission trans24 mitted to the President under paragraph (3), the 

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1 ommendations to the Congress, together with a certifi2 cation of such approval. 

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

4 does not transmit to the Congress an approval and 

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

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

7 Veterans Health Administration may be selected for 

8 modernization or realignment under this title shall be 

9 terminated. 

10 SEC. 104. ACTIONS REGARDING INFRASTRUCTURE AND FA11 CILITIES OF THE VETERANS HEALTH ADMIN12 ISTRATION. 

13 (a) IN GENERAL.—Subject to subsection (b), the Sec14 retary shall begin to implement the recommended mod15 ernizations and realignments in the report under section 

16 103(d) not later than three years after the date on which 

17 the President transmits such report to Congress. Such im18 plementation includes the planning of modernizations and 

19 realignments of facilities of the Veterans Health Adminis20 tration as recommended in such report. 

21 (b) CONGRESSIONAL DISAPPROVAL.— 

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

23 out any modernization or realignment recommended 

24 by the Commission in a report transmitted from the 

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1 tion is enacted, in accordance with the provisions of 

2 section 107, disapproving such recommendations of 

3 the Commission before the earlier of— 

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

5 on the date on which the President transmits 

6 such report; or 

7 (B) the adjournment of Congress sine die 

8 for the session during which such report is trans9 mitted. 

10 (2) COMPUTATION OF PERIOD.—For purposes of 

11 paragraph (1) and subsections (a) and (c) of section 

12 107, the days on which either House of Congress is 

13 not in session because of an adjournment of more 

14 than three days to a day certain shall be excluded in 

15 the computation of a period. 

16 (c) SPECIFIC AUTHORIZATION.—Any obligation or ex17 penditure of funds for any major medical facility project 

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

19 shall be treated as if specifically authorized by law for pur20 poses of section 8104 of title 38, United States Code, as 

21 amended by sections 201 and 202 of this Act. 

22 SEC. 105. IMPLEMENTATION. 

23 (a) IN GENERAL.— 

24 (1) MODERNIZING AND REALIGNING FACILI25 TIES.—In modernizing or realigning any facility of 


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1 the Veterans Health Administration under this title, 

2 the Secretary may— 

3 (A) take such actions as may be necessary 

4 to modernize or realign any such facility, in5 cluding the alteration of such facilities, the ac6 quisition of such land, the leasing or construc7 tion of such replacement facilities, the disposi8 tion of such land or facilities, the performance of 

9 such activities, and the conduct of such advance 

10 planning and design as may be required to 

11 transfer functions from a facility of the Veterans 

12 Health Administration to another such facility, 

13 and may use for such purpose funds in the Ac14 count or funds appropriated to the Department 

15 of Veterans Affairs for such purposes; 

16 (B) carry out activities for the purposes of 

17 environmental mitigation, abatement, or restora18 tion at any such facility, and shall use for such 

19 purposes funds in the Account; 

20 (C) provide outplacement assistance to em21 ployees employed by the Department of Veterans 

22 Affairs at facilities of the Veterans Health Ad23 ministration being closed or realigned, and may 

24 use for such purpose funds in the Account or 

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1 erans Affairs for outplacement assistance to em2 ployees; 

3 (D) reimburse other Federal agencies for ac4 tions performed at the request of the Secretary 

5 with respect to any such closure or realignment, 

6 and may use for such purpose funds in the Ac7 count or funds appropriated to the Department 

8 of Veterans Affairs and available for such pur9 pose; and 

10 (E) exercise the authority of the Secretary 

11 under subchapter V of chapter 81 of title 38, 

12 United States Code. 

13 (2) ENVIRONMENTAL RESTORATION; HISTORIC

14 PRESERVATION.—In carrying out any closure or re15 alignment under this title, the Secretary, with regards 

16 to any property made excess to the needs of the De17 partment of Veterans Affairs as a result of such clo18 sure or realignment, shall carry out, as soon as pos19 sible with funds available for such purpose, any of the 

20 following for which the Secretary is responsible: 

21 (A) Environmental mitigation. 

22 (B) Environmental abatement. 

23 (C) Environmental restoration. 

24 (D) Compliance with historic preservation 

25 requirements. 


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1 (b) MANAGEMENT AND DISPOSAL OF PROPERTY.— 

2 (1) EXISTING DISPOSAL AUTHORITIES.—To 

3 transfer or dispose of surplus real property or infra4 structure located at any facility of the Veterans 

5 Health Administration that is modernized or re6 aligned under this Act, the Secretary may exercise the 

7 authorities of the Secretary under subchapters I and 

8 II of chapter 81 of title 38, United States Code, or 

9 the authorities delegated to the Secretary by the Ad10 ministrator of General Services under subchapter III 

11 of chapter 5 of title 40, United States Code. 

12 (2) EFFECTS ON LOCAL COMMUNITIES.— 

13 (A) CONSULTATION WITH STATE AND LOCAL

14 GOVERNMENT.—Before any action may be taken 

15 with respect to the disposal of any surplus real 

16 property or infrastructure located at any facility 

17 of the Veterans Health Administration to be 

18 closed or realigned under this title, the Secretary 

19 of Veterans Affairs shall consult with the Gov20 ernor of the State and the heads of the local gov21 ernments concerned for the purpose of consid22 ering any plan for the use of such property by 

23 the local community concerned. 

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1 istration to be closed or realigned under this title 

2 includes a road used for public access through, 

3 into, or around the facility, the Secretary— 

4 (i) shall consult with the Government 

5 of the State and the heads of the local gov6 ernments concerned for the purpose of con7 sidering the continued availability of the 

8 road for public use after the recommended 

9 action is complete; and 

10 (ii) may exercise the authority of the 

11 Secretary under section 8108 of title 38, 

12 United States Code. 

13 (3) LEASES; CERCLA.— 

14 (A) LEASE AUTHORITY.— 

15 (i) TRANSFER TO REDEVELOPMENT AU16 THORITY FOR LEASE.—The Secretary may 

17 transfer title to a facility of the Veterans 

18 Health Administration approved for closure 

19 or realignment under this title (including 

20 property at a facility of the Veterans Health 

21 Administration approved for realignment 

22 which will be retained by the Department of 

23 Veterans Affairs or another Federal agency 

24 after realignment) to the redevelopment au25 thority for the facility if the redevelopment 


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1 authority agrees to lease, directly upon 

2 transfer, one or more portions of the prop3 erty transferred under this subparagraph to 

4 the Secretary or to the head of another de5 partment or agency of the Federal Govern6 ment. 

7 (ii) TERM OF LEASE.—A lease under 

8 clause (i) shall be for a term of not to exceed 

9 50 years, but may provide for options for 

10 renewal or extension of the term by the de11 partment or agency concerned. 

12 (iii) LIMITATION.—A lease under 

13 clause (i) may not require rental payments 

14 by the United States. 

15 (iv) TREATMENT OF REMAINDERED

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

17 shall include a provision specifying that if 

18 the department or agency concerned ceases 

19 requiring the use of the leased property be20 fore the expiration of the term of the lease, 

21 the remainder of the lease term may be sat22 isfied by the same or another department or 

23 agency of the Federal Government using the 

24 property for a use similar to the use under 

25 the lease. Exercise of the authority provided 


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1 by this clause shall be made in consultation 

2 with the redevelopment authority concerned. 

3 (v) FACILITY SERVICES.—Notwith4 standing clause (iii), if a lease under clause 

5 (i) involves a substantial portion of the fa6 cility, the department or agency concerned 

7 may obtain facility services for the leased 

8 property and common area maintenance 

9 from the redevelopment authority or the re10 development authority’s assignee as a provi11 sion of the lease. The facility services and 

12 common area maintenance shall be provided 

13 at a rate no higher than the rate charged to 

14 non-Federal tenants of the transferred prop15 erty. Facility services and common area 

16 maintenance covered by the lease shall not 

17 include— 

18 (I) municipal services that a 

19 State or local government is required 

20 by law to provide to all landowners in 

21 its jurisdiction without direct charge; 

22 or 

23 (II) firefighting or security-guard 

24 functions. 


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1 (B) APPLICATION OF CERCLA.—The provi2 sions of section 120(h) of the Comprehensive En3 vironmental Response, Compensation, and Li4 ability Act of 1980 (42 U.S.C. 9620(h)) shall 

5 apply to any transfer of real property under this 

6 paragraph. 

7 (C) ADDITIONAL TERMS AND CONDITIONS.— 

8 The Secretary may require any additional terms 

9 and conditions in connection with a transfer 

10 under this paragraph as such Secretary con11 siders appropriate to protect the interests of the 

12 United States. 

13 (4) APPLICATION OF MCKINNEY-VENTO HOME14 LESS ASSISTANCE ACT.—Nothing in this title shall 

15 limit or otherwise affect the application of the provi16 sions of the McKinney-Vento Homeless Assistance Act 

17 (42 U.S.C. 11301 et seq.) to facilities of the Veterans 

18 Health Administration closed under this title. 

19 (c) APPLICABILITY OF NATIONAL ENVIRONMENTAL

20 POLICY ACT OF 1969.— 

21 (1) IN GENERAL.—The provisions of the National 

22 Environmental Policy Act of 1969 (42 U.S.C. 4321 et 

23 seq.) shall not apply to the actions of the President, 

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1 graph (2), the Department of Veterans Affairs in car2 rying out this title. 

3 (2) DEPARTMENT OF VETERANS AFFAIRS.— 

4 (A) COVERED ACTIVITIES.—The provisions 

5 of the National Environmental Policy Act of 

6 1969 shall apply to actions of the Department of 

7 Veterans Affairs under this title— 

8 (i) during the process of property dis9 posal; and 

10 (ii) during the process of relocating 

11 functions from a facility of the Veterans 

12 Health Administration being closed or re13 aligned to another facility after the receiv14 ing facility has been selected but before the 

15 functions are relocated. 

16 (B) OTHER ACTIVITIES.—In applying the 

17 provisions of the National Environmental Policy 

18 Act of 1969 to the processes referred to in sub19 paragraph (A), the Secretary shall not have to 

20 consider— 

21 (i) the need for closing or realigning 

22 the facility of the Veterans Health Adminis23 tration as recommended by the Commission; 

24 (ii) the need for transferring functions 

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1 ministration which has been selected as the 

2 receiving facility; or 

3 (iii) facilities of the Veterans Health 

4 Administration alternative to those rec5 ommended or selected. 

6 (d) WAIVER.— 

7 (1) RESTRICTIONS ON USE OF FUNDS.—The Sec8 retary may close or realign facilities of the Veterans 

9 Health Administration under this title without regard 

10 to any provision of law restricting the use of funds 

11 for closing or realigning facilities of the Veterans 

12 Health Administration included in any appropria13 tion or authorization Act. 

14 (2) RESTRICTIONS ON AUTHORITIES.—The Sec15 retary may close or realign facilities of the Veterans 

16 Health Administration under this title without regard 

17 to the restrictions of section 8110 of title 38, United 

18 States Code. 

19 (e) TRANSFER AUTHORITY IN CONNECTION WITH PAY20 MENT OF ENVIRONMENTAL REMEDIATION COSTS.— 

21 (1) IN GENERAL.— 

22 (A) TRANSFER BY DEED.—Subject to para23 graph (2) of this subsection and section 120(h) 

24 of the Comprehensive Environmental Response, 

25 Compensation, and Liability Act of 1980 (42 


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1 U.S.C. 9620(h)), the Secretary may enter into 

2 an agreement to transfer by deed a facility of the 

3 Veterans Health Administration with any person 

4 who agrees to perform all environmental restora5 tion, waste management, and environmental 

6 compliance activities that are required for the 

7 property or facilities under Federal and State 

8 laws, administrative decisions, agreements (in9 cluding schedules and milestones), and concur10 rences. 

11 (B) ADDITIONAL TERMS OR CONDITIONS.— 

12 The Secretary may require any additional terms 

13 and conditions in connection with an agreement 

14 authorized by subparagraph (A) as the Secretary 

15 considers appropriate to protect the interests of 

16 the United States. 

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

18 Veterans Health Administration may be made under 

19 paragraph (1) only if the Secretary certifies to Con20 gress that— 

21 (A) the costs of all environmental restora22 tion, waste management, and environmental 

23 compliance activities otherwise to be paid by the 

24 Secretary with respect to the facility of the Vet25 erans Health Administration are equal to or 


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1 greater than the fair market value of the prop2 erty or facilities to be transferred, as determined 

3 by the Secretary; or 

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

5 market value of the facility of the Veterans 

6 Health Administration, the recipient of such 

7 transfer agrees to pay the difference between the 

8 fair market value and such costs. 

9 (3) PAYMENT BY THE SECRETARY FOR CERTAIN

10 TRANSFERS.—In the case of a facility of the Veterans 

11 Health Administration covered by a certification 

12 under paragraph (2)(A), the Secretary may pay the 

13 recipient of such facility an amount equal to the less14 er of— 

15 (A) the amount by which the costs incurred 

16 by the recipient of the facility of the Veterans 

17 Health Administration for all environmental res18 toration, waste, management, and environmental 

19 compliance activities with respect to such facility 

20 exceed the fair market value of such property as 

21 specified in such certification; or 

22 (B) the amount by which the costs (as deter23 mined by the Secretary) that would otherwise 

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1 spect to such facility of the Veterans Health Ad2 ministration exceed the fair market value of 

3 property as so specified. 

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

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

6 the person to whom the facility of the Veterans Health 

7 Administration will be transferred any information 

8 of the Secretary regarding the environmental restora9 tion, waste management, and environmental compli10 ance activities described in paragraph (1) that relate 

11 to the facility of the Veterans Health Administration. 

12 The Secretary shall provide such information before 

13 entering into the agreement. 

14 (5) APPLICABILITY OF CERTAIN ENVIRONMENTAL

15 LAWS.—Nothing in this subsection shall be construed 

16 to modify, alter, or amend the Comprehensive Envi17 ronmental Response, Compensation, and Liability 

18 Act of 1980 (42 U.S.C. 9601 et seq.) or the Solid 

19 Waste Disposal Act (42 U.S.C. 6901 et seq.). 

20 SEC. 106. DEPARTMENT OF VETERANS AFFAIRS ASSET AND 

21 INFRASTRUCTURE REVIEW ACCOUNT. 

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

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

24 ‘‘Department of Veterans Affairs Asset and Infrastructure 


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1 Review Account’’ which shall be administered by the Sec2 retary as a single account. 

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

4 the Account the following: 

5 (1) Funds authorized for and appropriated to 

6 the Account. 

7 (2) Proceeds received from the lease, transfer, or 

8 disposal of any property at a facility of the Veterans 

9 Health Administration closed or realigned under this 

10 title. 

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

12 funds in the Account only for the following purposes: 

13 (1) To carry out this title. 

14 (2) To cover property management and disposal 

15 costs incurred at facilities of the Veterans Health Ad16 ministration closed, modernized, or realigned under 

17 this title. 

18 (3) To cover costs associated with supervision, 

19 inspection, overhead, engineering, and design of con20 struction projects undertaken under this title, and 

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

22 (4) Other purposes that the Secretary determines 

23 support the mission and operations of the Department 

24 of Veterans Affairs. 


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1 (d) CONSOLIDATED BUDGET JUSTIFICATION DISPLAY

2 FOR ACCOUNT.— 

3 (1) CONSOLIDATED BUDGET INFORMATION RE4 QUIRED.—The Secretary shall establish a consolidated 

5 budget justification display in support of the Account 

6 that for each fiscal year— 

7 (A) details the amount and nature of credits 

8 to, and expenditures from, the Account during 

9 the preceding fiscal year; 

10 (B) separately details the environmental re11 mediation costs associated with facility of the 

12 Veterans Health Administration for which a 

13 budget request is made; 

14 (C) specifies the transfers into the Account 

15 and the purposes for which these transferred 

16 funds will be further obligated, to include care17 taker and environment remediation costs associ18 ated with each facility of the Veterans Health 

19 Administration; and 

20 (D) details any intra-budget activity trans21 fers within the Account that exceeded $1,000,000 

22 during the preceding fiscal year or that are pro23 posed for the next fiscal year and will exceed 

24 $1,000,000. 


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1 (2) SUBMISSION.—The Secretary shall include 

2 the information required by paragraph (1) in the ma3 terials that the Secretary submits to Congress in sup4 port of the budget for a fiscal year submitted by the 

5 President pursuant to section 1105 of title 31, United 

6 States Code. 

7 (e) CLOSURE OF ACCOUNT; TREATMENT OF REMAIN8 ING FUNDS.— 

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

10 the time and in the manner provided for appropria11 tion accounts under section 1555 of title 31, United 

12 States Code, except that unobligated funds which re13 main in the Account upon closure shall be held by the 

14 Secretary of the Treasury until transferred to the Sec15 retary of Veterans Affairs by law after the Committees 

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

17 Representatives receive the final report transmitted 

18 under paragraph (2). 

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

20 the closure of the Account under paragraph (1), the 

21 Secretary shall transmit to the Committees on Vet22 erans’ Affairs of the Senate and the House of Rep23 resentatives and the Committees on Appropriations of 

24 the House of Representatives and the Senate a report 

25 containing an accounting of— 


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1 (A) all the funds credited to and expended 

2 from the Account or otherwise expended under 

3 this title; and 

4 (B) any funds remaining in the Account. 

5 SEC. 107. CONGRESSIONAL CONSIDERATION OF COMMIS6 SION REPORT. 

7 (a) DISAPPROVAL RESOLUTION.—For purposes of sec8 tion 104(b), the term ‘‘joint resolution’’ means only a joint 

9 resolution which is introduced within the 5-day period be10 ginning on the date on which the President transmits the 

11 report to the Congress under section 103(d), and— 

12 (1) which does not have a preamble; 

13 (2) the matter after the resolving clause of which 

14 is as follows: ‘‘that Congress disapproves the rec15 ommendations of the VHA Asset and Infrastructure 

16 Review Commission as submitted by the President on 

17 lll’’, the blank space being filled with the appro18 priate date; and 

19 (3) the title of which is as follows: ‘‘Joint resolu20 tion disapproving the recommendations of the VHA 

21 Asset and Infrastructure Review Commission.’’. 

22 (b) CONSIDERATION IN THE HOUSE OF REPRESENTA23 TIVES.— 

24 (1) REPORTING AND DISCHARGE.—Any com25 mittee of the House of Representatives to which a 


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1 joint resolution is referred shall report it to the House 

2 without amendment not later than 15 legislative days 

3 after the date of introduction thereof. If a committee 

4 fails to report the joint resolution within that period, 

5 the committee shall be discharged from further consid6 eration of the joint resolution. 

7 (2) PROCEEDING TO CONSIDERATION.—It shall 

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

9 after each committee authorized to consider a joint 

10 resolution has reported or has been discharged from 

11 consideration of a joint resolution, to move to proceed 

12 to consider the joint resolution in the House. All 

13 points of order against the motion are waived. Such 

14 a motion shall not be in order after the House has 

15 disposed of a motion to proceed on a joint resolution 

16 addressing a particular submission. The previous 

17 question shall be considered as ordered on the motion 

18 to its adoption without intervening motion. The mo19 tion shall not be debatable. A motion to reconsider the 

20 vote by which the motion is disposed of shall not be 

21 in order. 

22 (3) CONSIDERATION.—The joint resolution shall 

23 be considered as read. All points of order against the 

24 joint resolution and against its consideration are 

25 waived. The previous question shall be considered as 


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1 ordered on the joint resolution to its passage without 

2 intervening motion except two hours of debate equally 

3 divided and controlled by the proponent and an oppo4 nent. A motion to reconsider the vote on passage of 

5 the joint resolution shall not be in order. 

6 (c) CONSIDERATION IN THE SENATE.— 

7 (1) REFERRAL.—A joint resolution introduced in 

8 the Senate shall be referred to the Committee on Vet9 erans’ Affairs. 

10 (2) REPORTING AND DISCHARGE.—Any com11 mittee of the Senate to which a joint resolution is re12 ferred shall report it to the Senate without amend13 ment not later than 15 session days after the date of 

14 introduction of a joint resolution described in sub15 section (a). If a committee fails to report the joint res16 olution within that period, the committee shall be dis17 charged from further consideration of the joint resolu18 tion and the joint resolution shall be placed on the 

19 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 has 

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1 ation of a joint resolution described in subsection 

2 (a) (even though a previous motion to the same 

3 effect has been disagreed to) to move to proceed 

4 to the consideration of the joint resolution, and 

5 all points of order against the joint resolution 

6 (and against consideration of the joint resolu7 tion) are waived. The motion to proceed is not 

8 debatable. The motion is not subject to a motion 

9 to postpone. A motion to reconsider the vote by 

10 which the motion is agreed to or disagreed to 

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

12 the consideration of the resolution is agreed to, 

13 the joint resolution shall remain the unfinished 

14 business until disposed of. 

15 (B) CONSIDERATION.—Consideration of the 

16 joint resolution, and on all debatable motions 

17 and appeals in connection therewith, shall be 

18 limited to not more than 2 hours, which shall be 

19 divided equally between the majority and minor20 ity leaders or their designees. A motion further 

21 to limit debate is in order and not debatable. An 

22 amendment to, or a motion to postpone, or a mo23 tion to proceed to the consideration of other busi24 ness, or a motion to recommit the joint resolu25 tion 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 on 

3 passage of the joint resolution shall occur imme4 diately following the conclusion of consideration 

5 of the joint resolution, and a single quorum call 

6 at the conclusion of the debate if requested in ac7 cordance with the rules of the Senate. 

8 (D) RULINGS OF THE CHAIR ON PROCE9 DURE.—Appeals from the decisions of the Chair 

10 relating to the application of the rules of the 

11 Senate, as the case may be, to the procedure re12 lating to a joint resolution shall be decided with13 out debate. 

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

15 of disapproval considered pursuant to this section shall not 

16 be subject to amendment in either the House of Representa17 tives or the Senate. 

18 (e) COORDINATION WITH ACTION BY OTHER

19 HOUSE.— 

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

21 resolution, one House receives from the other a joint 

22 resolution— 

23 (A) the joint resolution of the other House 

24 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 vote 

4 on passage, when the joint resolution received 

5 from the other House shall supplant the joint res6 olution 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 joint 

10 resolution of the House shall be entitled to expedited 

11 floor procedures under this section. 

12 (3) TREATMENT OF COMPANION MEASURES.—If, 

13 following passage of the joint resolution in the Senate, 

14 the Senate then receives the companion measure from 

15 the House of Representatives, the companion measure 

16 shall not be debatable. 

17 (f) RULES OF THE HOUSE OF REPRESENTATIVES AND

18 SENATE.—This section is enacted by Congress— 

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

20 Senate and House of Representatives, respectively, 

21 and as such it is deemed a part of the rules of each 

22 House, respectively, but applicable only with respect 

23 to the procedure to be followed in that House in the 

24 case of a joint resolution, and it supersedes other rules 


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1 only to the extent that it is inconsistent with such 

2 rules; and 

3 (2) with full recognition of the constitutional 

4 right of either House to change the rules (so far as re5 lating to the procedure of that House) at any time, 

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

7 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 after 

11 the transmission or receipt of any communication 

12 under this title that is transmitted or received by a 

13 party specified in paragraph (2), the Secretary of 

14 Veterans Affairs shall publish such communication 

15 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, solely 

25 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; or 

5 (3) budgetary processes for the Veterans Health 

6 Administration. 

7 (c) RECOMMENDATIONS FOR FUTURE ASSET RE8 VIEWS.—The Secretary of Veterans Affairs may, after con9 sulting with veterans service organizations, include in 

10 budget submissions the Secretary submits after the termi11 nation of the Commission recommendations for future such 

12 commissions or other capital asset realignment and man13 agement processes. 

14 SEC. 109. DEFINITIONS. 

15 In this title: 

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

17 of Veterans Affairs Asset and Infrastructure Review 

18 Account established by section 106(a). 

19 (2) The term ‘‘Commission’’ means the Commis20 sion established by section 102. 

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

22 a modernization or realignment of a facility of the 

23 Veterans Health Administration, means the date on 

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1 ommendation of modernization or realignment, as the 

2 case may be, of such facility under this title expires. 

3 (4) The term ‘‘facility of the Veterans Health Ad4 ministration’’— 

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

6 infrastructure (including any medical center, 

7 nursing home, domiciliary facility, outpatient 

8 clinic, center that provides readjustment coun9 seling, or leased facility) that is— 

10 (i) under the jurisdiction of the De11 partment of Veterans Affairs; 

12 (ii) under the control of the Veterans 

13 Health Administration; and 

14 (iii) not under the control of the Gen15 eral Services Administration; or 

16 (B) with respect to a colocated facility of 

17 the Department of Veterans Affairs, includes any 

18 land, building, or structure— 

19 (i) under the jurisdiction of the De20 partment of Veterans Affairs; 

21 (ii) under the control of another ad22 ministration of the Department of Veterans 

23 Affairs; and 

24 (iii) not under the control of the Gen25 eral Services Administration. 


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1 (5) The term ‘‘infrastructure’’ means improve2 ments to land other than buildings or structures. 

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

4 (A) any action, including closure, required 

5 to align the form and function of a facility of the 

6 Veterans Health Administration to the provision 

7 of modern day health care, including utilities 

8 and environmental control systems; 

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

10 sharing of a facility of the Veterans Health Ad11 ministration; and 

12 (C) realignments, disposals, exchanges, col13 laborations between the Department of Veterans 

14 Affairs and other Federal entities, and strategic 

15 collaborations between the Department and non16 Federal entities, including tribal organizations. 

17 (7) The term ‘‘realignment’’, with respect to a fa18 cility of the Veterans Health Administration, in19 cludes— 

20 (A) any action that changes the numbers of 

21 or relocates services, functions, and personnel po22 sitions; 

23 (B) disposals or exchanges between the De24 partment of Veterans Affairs and other Federal 


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1 entities, including the Department of Defense; 

2 and 

3 (C) strategic collaborations between the De4 partment of Veterans Affairs and non-Federal 

5 entities, including tribal organizations. 

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

7 case of a facility of the Veterans Health Administra8 tion closed or modernized under this title, means any 

9 entity (including an entity established by a State or 

10 local government) recognized by the Secretary of Vet11 erans Affairs as the entity responsible for developing 

12 the redevelopment plan with respect to the facility or 

13 for directing the implementation of such plan. 

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

15 of a facility of the Veterans Health Administration to 

16 be closed or realigned under this title, means a plan 

17 that— 

18 (A) is agreed to by the local redevelopment 

19 authority with respect to the facility; and 

20 (B) provides for the reuse or redevelopment 

21 of the real property and personal property of the 

22 facility that is available for such reuse and rede23 velopment as a result of the closure or realign24 ment of the facility. 


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

2 of Veterans Affairs. 

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

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

5 United States Code. 

6 TITLE II—IMPROVEMENTS TO 

7 CONSTRUCTION MANAGE8 MENT AND LEASES 

9 SEC. 201. MODIFICATION OF THRESHOLDS FOR MAJOR 

10 MEDICAL FACILITY PROJECTS AND MAJOR 

11 MEDICAL FACILITY LEASES. 

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

13 of title 38, United States Code, is amended to read as fol14 lows: 

15 ‘‘(3) In this subsection: 

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

17 means— 

18 ‘‘(I) a project for the construction, alter19 ation, or acquisition of a medical facility involv20 ing a total expenditure of more than 

21 $20,000,000; or 

22 ‘‘(II) the construction, alteration, or acqui23 sition of a shared medical facility (as defined in 

24 section 8111B(d) of this title) for which the esti25 mated share of the Department of Veterans AfVerDate Sep 11 2014 22:11 Dec 28, 2018 Jkt 089200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6203 E:\BILLS\H4243.RH H4243

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1 fairs for the costs of such construction, alter2 ation, or acquisition exceeds $20,000,000. 

3 ‘‘(ii) Such term does not include— 

4 ‘‘(I) an acquisition by exchange; 

5 ‘‘(II) nonrecurring maintenance projects of 

6 the Department; or 

7 ‘‘(III) the construction, alteration, or acqui8 sition of a shared medical facility for which the 

9 estimated share of the Department of Veterans 

10 Affairs for the costs of such construction, alter11 ation, or acquisition does not exceed $20,000,000. 

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

13 means— 

14 ‘‘(i) a lease for space for use as a new med15 ical facility at an average annual rent that is 

16 equal to or exceeds the amount specified in sub17 section (a)(2) of section 3307 of title 40; or 

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

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

20 of this title) for which the estimated share of the 

21 Department of Veterans Affairs for the costs of 

22 such lease is equal to or exceeds the amount spec23 ified in subsection (a)(2) of section 3307 of title 

24 40.’’. 


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1 (b) APPLICATION.—The amendment made by sub2 section (a) shall apply with respect to major medical facil3 ity projects and major medical facility leases authorized by 

4 law on or after the date of the enactment of this Act. 

5 SEC. 202. SUBMISSION OF PROSPECTUSES OF PROPOSED 

6 MINOR MEDICAL FACILITY PROJECTS. 

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

8 amended, in the matter preceding paragraph (1), by strik9 ing ‘‘a major medical facility project (as defined in sub10 section (a)(3)(A))’’ and inserting the following: ‘‘a major 

11 medical facility project (as defined in subsection (a)(3)(A)), 

12 a medical facility project that would be a major medical 

13 facility project but for the total expenditure (or, with respect 

14 to a shared medical facility, the estimated share of the De15 partment of Veterans Affairs) being an amount that is more 

16 than $10,000,000 and less than $20,000,000,’’. 

17 SEC. 203. IMPROVEMENT TO TRAINING OF CONSTRUCTION 

18 PERSONNEL. 

19 Subsection (g) of section 8103 of title 38, United States 

20 Code, is amended to read as follows: 

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

22 year following the fiscal year during which this subsection 

23 is enacted, the Secretary shall implement the covered train24 ing curriculum and the covered certification program. 


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

2 training curriculum and the covered certification program 

3 under paragraph (1), the Secretary shall use as models ex4 isting training curricula and certification programs that 

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

6 States Code, as determined relevant by the Secretary. 

7 ‘‘(2) The Secretary may develop the training cur8 riculum under paragraph (1)(A) in a manner that provides 

9 such training in any combination of— 

10 ‘‘(A) training provided in person; 

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

12 or 

13 ‘‘(C) training provided by another department or 

14 agency of the Federal Government. 

15 ‘‘(3) The Secretary may develop the certification pro16 gram under paragraph (1)(A) in a manner that uses— 

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

18 ‘‘(B) more than one level of certification, as de19 termined appropriate by the Secretary with respect to 

20 the level of certification for different grades of the 

21 General Schedule. 

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

23 appropriate entity to provide the covered training cur24 riculum and the covered certification program under para25 graph (1)(A). 


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1 ‘‘(5)(A) Not later than September 30 of the second fis2 cal year following the fiscal year during which this Act is 

3 enacted, the Secretary shall ensure that the majority of em4 ployees subject to the covered certification program achieve 

5 the certification or the appropriate level of certification 

6 pursuant to paragraph (3), as the case may be. 

7 ‘‘(B) After carrying out subparagraph (A), the Sec8 retary shall ensure that each employee subject to the covered 

9 certification program achieves the certification or the ap10 propriate level of certification pursuant to paragraph (3), 

11 as the case may be, as quickly as practicable. 

12 ‘‘(6) In this subsection: 

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

14 means, with respect to employees of the Department 

15 of Veterans Affairs who are members of occupational 

16 series relating to construction or facilities manage17 ment, or employees of the Department who award or 

18 administer contracts for major construction, minor 

19 construction, or nonrecurring maintenance, including 

20 as contract specialists or contracting officers’ rep21 resentatives, a program to certify knowledge and skills 

22 relating to construction or facilities management and 

23 to ensure that such employees maintain adequate ex24 pertise relating to industry standards and best pracVerDate Sep 11 2014 22:11 Dec 28, 2018 Jkt 089200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6203 E:\BILLS\H4243.RH H4243

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1 tices for the acquisition of design and construction 

2 services. 

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

4 means, with respect to employees specified in sub5 paragraph (A), a training curriculum relating to 

6 construction or facilities management.’’. 

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

8 LEASE SHARED MEDICAL FACILITIES. 

9 (a) AUTHORITY.— 

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

11 States Code, is amended by inserting after section 

12 8111A the following new section: 

13 ‘‘§ 8111B. Authority to plan, design, construct or lease 

14 a medical facility shared with other de15 partments or agencies 

16 ‘‘(a) AUTHORITY.—Subject to sections 8103 and 8104 

17 of this title, the Secretary of Veterans Affairs may enter 

18 into agreements with the heads of other departments or 

19 agencies of the Federal Government for the planning, de20 signing, constructing, or leasing of medical facilities to be 

21 shared by the Department of Veterans Affairs and that de22 partment or agency to improve the access to, and quality 

23 and cost effectiveness of, the health care provided by the Vet24 erans Health Administration and that department or agen25 cy. 


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1 ‘‘(b) TRANSFERS OF AMOUNTS FROM DEPARTMENT OF

2 VETERANS AFFAIRS.—(1) With respect to a shared medical 

3 facility construction project for which the estimated costs 

4 to the Department of Veterans Affairs do not exceed the 

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

6 Secretary of Veterans Affairs may transfer to the partner 

7 agency amounts appropriated in the Construction, Minor 

8 Projects account of the Department for use for the planning, 

9 design, or construction of the shared medical facility. 

10 ‘‘(2) With respect to a shared medical facility construc11 tion project for which the estimated costs to the Department 

12 of Veterans Affairs exceed the amount specified in section 

13 8104(a)(3)(A) of this title, the Secretary of Veterans Affairs 

14 may transfer to the partner agency amounts appropriated 

15 in the Construction, Major Projects account of the Depart16 ment for use for the planning, design, or construction of 

17 the shared medical facility. 

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

19 project for which the estimated costs of the lease to the De20 partment of Veterans Affairs do not exceed the amount spec21 ified in section 8104(a)(3)(B) of this title, the Secretary of 

22 Veterans Affairs may transfer to the partner agency 

23 amounts appropriated in the applicable medical appropria24 tion account of the Department for such lease. 


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

2 VETERANS AFFAIRS.—(1) With respect to a shared medical 

3 facility construction project for which the estimated costs 

4 to the Department of Veterans Affairs do not exceed the 

5 amount specified in section 8104(a)(3)(A) of this title, any 

6 amounts transferred by the partner agency to the Secretary 

7 of Veterans Affairs may be deposited in the Construction, 

8 Minor Projects account of the Department for use for the 

9 planning, design, or construction of the shared medical fa10 cility. Amounts so deposited shall be merged with and avail11 able for the same purposes, and for the same period, as such 

12 account. 

13 ‘‘(2) With respect to a shared medical facility construc14 tion project for which the estimated costs to the Department 

15 of Veterans Affairs exceed the amount specified in section 

16 8104(a)(3)(A) of this title, any amounts transferred by the 

17 partner agency to the Secretary of Veterans Affairs may 

18 be deposited in the Construction, Major Projects account of 

19 the Department for use for the planning, design, or con20 struction of the shared medical facility. Amounts so depos21 ited shall be merged with and available for the same pur22 poses, and for the same period, as such account. 

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

24 project, any amounts transferred by the partner agency to 

25 the Secretary of Veterans Affairs may be deposited in the 


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1 applicable medical appropriation account of the Depart2 ment for such lease. Amounts so deposited shall be available 

3 without fiscal year limitation. 

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

5 ‘‘(1) The term ‘partner agency’ means a depart6 ment or agency of the Federal Government that has 

7 entered into an agreement with the Secretary of Vet8 erans Affairs under subsection (a). 

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

10 medical facility shared by the Department of Veterans 

11 Affairs and a partner agency pursuant to an agree12 ment entered into under subsection (a). 

13 ‘‘(3) The term ‘shared medical facility construc14 tion project’ means the planning, designing, or con15 structing of a shared medical facility pursuant to an 

16 agreement entered into under subsection (a). 

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

18 project’ means the leasing of a shared medical facility 

19 pursuant to an agreement entered into under sub20 section (a).’’. 

21 (2) CLERICAL AMENDMENT.—The table of sec22 tions at the beginning of such chapter is amended by 

23 inserting after the item relating to section 8111A the 

24 following new item: 

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

with other departments or agencies.’’. 


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1 (b) DEFINITION OF MEDICAL FACILITY.—Paragraph 

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

3 amended to read as follows: 

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

5 part thereof which is, or will be, under the jurisdiction of 

6 the Secretary, including with respect to a shared medical 

7 facility (as defined in section 8111B(d) of this title), for 

8 the provision of health-care services (including hospital, 

9 outpatient clinic, extended care services, nursing home, or 

10 domiciliary care or medical services), including any nec11 essary building and auxiliary structure, garage, parking fa12 cility, mechanical equipment, trackage facilities leading 

13 thereto, abutting sidewalks, accommodations for attending 

14 personnel, and recreation facilities associated therewith.’’. 

15 SEC. 205. ENHANCED USE LEASE AUTHORITY. 

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

17 United States Code, is amended— 

18 (1) by striking ‘‘only’’; and 

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

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

21 (b) APPLICATION.—The amendments made by sub22 section (a) shall apply with respect to enhanced-use leases 

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

24 Act. 


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1 TITLE III—OTHER MATTERS 

2 SEC. 301. EXCEPTION ON LIMITATION ON AWARDS AND BO3 NUSES FOR RECRUITMENT, RELOCATION, 

4 AND RETENTION. 

5 Section 705(a) of the Veterans Access, Choice, and Ac6 countability Act of 2014 (Public Law 113–146; 38 U.S.C. 

7 703 note) is amended, in the matter preceding paragraph 

8 (1), by inserting ‘‘other than recruitment, relocation, or re9 tention incentives,’’ after ‘‘title 38, United States Code,’’. 

10 SEC. 302. APPROPRIATION OF AMOUNTS. 

11 (a) VETERANS CHOICE PROGRAM.—There is author12 ized to be appropriated, and is appropriated, to the Sec13 retary of Veterans Affairs, out of any funds in the Treasury 

14 not otherwise appropriated, $2,100,000,000 to be deposited 

15 in the Veterans Choice Fund under section 802 of the Vet16 erans Access, Choice, and Accountability Act of 2014 (Pub17 lic Law 113–146; 38 U.S.C. 1701 note). 

18 (b) MINOR CONSTRUCTION AND NONRECURRING MAIN19 TENANCE.— 

20 (1) IN GENERAL.—There is authorized to be ap21 propriated, and is appropriated, to the Secretary of 

22 Veterans Affairs, out of any funds in the Treasury 

23 not otherwise appropriated, $500,000,000 for ‘‘Med24 ical Facilities’’ for minor construction and non25 recurring maintenance projects, to be prioritized acVerDate Sep 11 2014 22:11 Dec 28, 2018 Jkt 089200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6203 E:\BILLS\H4243.RH H4243

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1 cording to their rankings in the strategic capital in2 vestment planning process. 

3 (2) NOTIFICATION.—Not later than 30 days be4 fore obligating amounts appropriated under para5 graph (1), the Secretary shall notify the Committees 

6 on Veterans’ Affairs of the House of Representatives 

7 and the Senate and the Committees on Appropria8 tions of the House of Representatives and the Senate 

9 of the medical facilities and specifics of the projects 

10 for which such amounts shall be obligated. 

11 (c) AVAILABILITY OF AMOUNTS.—The amounts appro12 priated under subsections (a) and (b)(1) shall be available 

13 for obligation or expenditure without fiscal year limitation. 

14 SEC. 303. ASSESSMENT OF HEALTH CARE FURNISHED BY 

15 THE DEPARTMENT TO VETERANS WHO LIVE 

16 IN THE TERRITORIES. 

17 (a) IN GENERAL.—Not later than 180 days after the 

18 date of the enactment of this Act, the Secretary of Veterans 

19 Affairs shall submit to the Committees on Veterans’ Affairs 

20 of the Senate and the House of Representatives a report re21 garding health care furnished by the Department of Vet22 erans Affairs to veterans who live in the territories. 

23 (b) ELEMENTS.—The report under subsection (a) shall 

24 include assessments of the following: 


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1 (1) The ability of the Department to furnish to 

2 veterans who live in the territories the following: 

3 (A) Hospital care. 

4 (B) Medical services. 

5 (C) Mental health services. 

6 (D) Geriatric services. 

7 (2) The feasibility of establishing a medical facil8 ity of the Department in any territory that does not 

9 contain such a facility. 

10 (c) DEFINITION.—In this section, the term ‘‘terri11 tories’’ means Puerto Rico, the Virgin Islands, American 

12 Samoa, Guam, and the Northern Mariana Islands. 


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Union Calendar No. 867 

115TH CONGRESS 

2D SESSION H. R. 4243 

[Report No. 115–1036, Part I] 

A BILL 

To establish a commission for the purpose of makother purposes. funds for the Veterans Choice Program, and for Veterans Affairs, to amend and appropriate and management leases of the Department of Health Administration, to improve construction tion or realignment of facilities of the Veterans ing recommendations regarding the modernizaDECEMBER 28, 2018 Committees on Rules and Appropriations discharged; 

the State of the Union and ordered to be printed committed to the Committee of the Whole House on 


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