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Title II — Improvements to construction management and leases

H.R. 4243 · 115th Congress · Nov 3, 2017 · Lineage

II Improvements to construction management and leases

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

(a)
Definitions— Paragraph (3) of section 8104(a) of title 38, United States Code, is amended to read as follows:

“(3) In this subsection:

“(A)

“(i) The term “major medical facility project” means—

“(I) a project for the construction, alteration, or acquisition of a medical facility involving a total expenditure of more than $20,000,000; or

“(II) the construction, alteration, or acquisition of a shared medical facility (as defined in section 8111B(d) of this title) for which the estimated share of the Department of Veterans Affairs for the costs of such construction, alteration, or acquisition exceeds $20,000,000.

“(ii) Such term does not include—

“(I) an acquisition by exchange;

“(II) nonrecurring maintenance projects of the Department; or

“(III) the construction, alteration, or acquisition of a shared medical facility for which the estimated share of the Department of Veterans Affairs for the costs of such construction, alteration, or acquisition does not exceed $20,000,000.

“(B) The term “major medical facility lease” means—

“(i) a lease for space for use as a new medical facility at an average annual rent that is equal to or exceeds the amount specified in subsection (a)(2) of section 3307 of title 40; or

“(ii) a lease for space for use as a shared medical facility (as defined in section 8111B(d) of this title) for which the estimated share of the Department of Veterans Affairs for the costs of such lease is equal to or exceeds the amount specified in subsection (a)(2) of section 3307 of title 40.”

(b)
Application— The amendment made by subsection (a) shall apply with respect to major medical facility projects and major medical facility leases authorized by law on or after the date of the enactment of this Act.

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

Section 8104(b) of title 38, United States Code, is amended, in the matter preceding paragraph (1), by striking “a major medical facility project (as defined in subsection (a)(3)(A))” and inserting the following: “a major medical facility project (as defined in subsection (a)(3)(A)), a medical facility project that would be a major medical facility project but for the total expenditure (or, with respect to a shared medical facility, the estimated share of the Department of Veterans Affairs) being an amount that is more than $10,000,000 and less than $20,000,000,”.

Sec. 203 Improvement to training of construction personnel

Subsection (g) of section 8103 of title 38, United States Code, is amended to read as follows:

“(g)

“(1)

“(A) Not later than September 30 of the fiscal year following the fiscal year during which this subsection is enacted, the Secretary shall implement the covered training curriculum and the covered certification program.

“(B) In designing and implementing the covered training curriculum and the covered certification program under paragraph (1), the Secretary shall use as models existing training curricula and certification programs that have been established under chapter 87 of title 10, United States Code, as determined relevant by the Secretary.

“(2) The Secretary may develop the training curriculum under paragraph (1)(A) in a manner that provides such training in any combination of—

“(A) training provided in person;

“(B) training provided over an internet website; or

“(C) training provided by another department or agency of the Federal Government.

“(3) The Secretary may develop the certification program under paragraph (1)(A) in a manner that uses—

“(A) one level of certification; or

“(B) more than one level of certification, as determined appropriate by the Secretary with respect to the level of certification for different grades of the General Schedule.

“(4) The Secretary may enter into a contract with an appropriate entity to provide the covered training curriculum and the covered certification program under paragraph (1)(A).

“(5)

“(A) Not later than September 30 of the second fiscal year following the fiscal year during which this Act is enacted, the Secretary shall ensure that the majority of employees subject to the covered certification program achieve the certification or the appropriate level of certification pursuant to paragraph (3), as the case may be.

“(B) After carrying out subparagraph (A), the Secretary shall ensure that each employee subject to the covered certification program achieves the certification or the appropriate level of certification pursuant to paragraph (3), as the case may be, as quickly as practicable.

“(6) In this subsection:

“(A) The term “covered certification program” means, with respect to employees of the Department of Veterans Affairs who are members of occupational series relating to construction or facilities management, or employees of the Department who award or administer contracts for major construction, minor construction, or nonrecurring maintenance, including as contract specialists or contracting officers’ representatives, a program to certify knowledge and skills relating to construction or facilities management and to ensure that such employees maintain adequate expertise relating to industry standards and best practices for the acquisition of design and construction services.

“(B) The term “covered training curriculum” means, with respect to employees specified in subparagraph (A), a training curriculum relating to construction or facilities management.”

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

(a)
Authority—
(1)
In general— Chapter 81 of title 38, United States Code, is amended by inserting after section 8111A the following new section:

“8111B. Authority to plan, design, construct or lease a medical facility shared with other departments or agencies

“(a) Authority—Subject to sections 8103 and 8104 of this title, the Secretary of Veterans Affairs may enter into agreements with the heads of other departments or agencies of the Federal Government for the planning, designing, constructing, or leasing of medical facilities to be shared by the Department of Veterans Affairs and that department or agency to improve the access to, and quality and cost effectiveness of, the health care provided by the Veterans Health Administration and that department or agency.

“(b) Transfers of amounts from Department of Veterans Affairs

“(1) With respect to a shared medical facility construction project for which the estimated costs to the Department of Veterans Affairs do not exceed the amount specified in section 8104(a)(3)(A) of this title, the Secretary of Veterans Affairs may transfer to the partner agency amounts appropriated in the Construction, Minor Projects account of the Department for use for the planning, design, or construction of the shared medical facility.

“(2) With respect to a shared medical facility construction project for which the estimated costs to the Department of Veterans Affairs exceed the amount specified in section 8104(a)(3)(A) of this title, the Secretary of Veterans Affairs may transfer to the partner agency amounts appropriated in the Construction, Major Projects account of the Department for use for the planning, design, or construction of the shared medical facility.

“(3) With respect to a shared medical facility lease project for which the estimated costs of the lease to the Department of Veterans Affairs do not exceed the amount specified in section 8104(a)(3)(B) of this title, the Secretary of Veterans Affairs may transfer to the partner agency amounts appropriated in the applicable medical appropriation account of the Department for such lease.

“(c) Transfers of amounts to Department of Veterans Affairs

“(1) With respect to a shared medical facility construction project for which the estimated costs to the Department of Veterans Affairs do not exceed the amount specified in section 8104(a)(3)(A) of this title, any amounts transferred by the partner agency to the Secretary of Veterans Affairs may be deposited in the Construction, Minor Projects account of the Department for use for the planning, design, or construction of the shared medical facility. Amounts so deposited shall be merged with and available for the same purposes, and for the same period, as such account.

“(2) With respect to a shared medical facility construction project for which the estimated costs to the Department of Veterans Affairs exceed the amount specified in section 8104(a)(3)(A) of this title, any amounts transferred by the partner agency to the Secretary of Veterans Affairs may be deposited in the Construction, Major Projects account of the Department for use for the planning, design, or construction of the shared medical facility. Amounts so deposited shall be merged with and available for the same purposes, and for the same period, as such account.

“(3) With respect to a shared medical facility lease project, any amounts transferred by the partner agency to the Secretary of Veterans Affairs may be deposited in the applicable medical appropriation account of the Department for such lease. Amounts so deposited shall be available without fiscal year limitation.

“(d) Definitions—In this section:

“(1) The term “partner agency” means a department or agency of the Federal Government that has entered into an agreement with the Secretary of Veterans Affairs under subsection (a).

“(2) The term “shared medical facility” means a medical facility shared by the Department of Veterans Affairs and a partner agency pursuant to an agreement entered into under subsection (a).

“(3) The term “shared medical facility construction project” means the planning, designing, or constructing of a shared medical facility pursuant to an agreement entered into under subsection (a).

“(4) The term “shared medical facility lease project” means the leasing of a shared medical facility pursuant to an agreement entered into under subsection (a).”

(2)
Clerical amendment— The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 8111A the following new item:
(b)
Definition of medical facility— Paragraph (3) of section 8101 of title 38, United States Code, is amended to read as follows:

“(3) The term “medical facility” means any facility or part thereof which is, or will be, under the jurisdiction of the Secretary, including with respect to a shared medical facility (as defined in section 8111B(d) of this title), for the provision of health-care services (including hospital, outpatient clinic, extended care services, nursing home, or domiciliary care or medical services), including any necessary building and auxiliary structure, garage, parking facility, mechanical equipment, trackage facilities leading thereto, abutting sidewalks, accommodations for attending personnel, and recreation facilities associated therewith.”

Sec. 205 Enhanced use lease authority

(a)
In general— Section 8162(a)(2) of title 38, United States Code, is amended—
(1)
by striking “only”; and
(2)
by inserting “, or if the lease will enhance the use of the property,” after “housing”.
(b)
Application— The amendments made by subsection (a) shall apply with respect to enhanced-use leases entered into on or after the date of the enactment of this Act.