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Title II — Strategic plan and reports

S. 42 · 118th Congress · Jan 24, 2023 · Lineage

II Strategic plan and reports

Sec. 201 Review of climate resilience of facilities, land, and other relevant capital assets of Department of Veterans Affairs

(a)
In general— The Secretary of Veterans Affairs shall conduct a comprehensive review of the climate resilience of facilities, land, and other relevant capital assets under the authority and jurisdiction of the Secretary.
(b)
Elements—
(1)
In general— The review conducted under subsection (a) shall—
(A)
provide a comprehensive assessment of existing facilities, land, and other relevant capital assets that may be at risk due to changes in the climate, including potential vulnerabilities related to—
(i)
proximity to a body of water;
(ii)
proximity to an area prone to flooding;
(iii)
proximity to an area prone to wild fire;
(iv)
proximity to an area prone to tornadoes, hurricanes, or other storms; and
(v)
such other matters as the Secretary considers appropriate after consulting with the United States Global Change Research Program on the best available observations and forward-looking climate projections by region, including sea level rise data;
(B)
include a description of strategies to improve the climate resilience of existing facilities, land, and other relevant capital assets at risk due to changes in the climate, including potential modifications to facility operations and maintenance practices, and the cost of such strategies;
(C)
include an analysis of the current design standards and building codes used by the Department of Veterans Affairs to site, plan, build, lease, renovate, and purchase land, facilities, infrastructure, and other capital assets of the Department and whether those design standards and building codes reflect both observed and forward-looking climate information;
(D)
include an analysis of the effect of climate change on energy usage, energy sources, and utility systems of the Department and the Department’s mitigation strategies;
(E)
use, in consultation with the United States Global Change Research Program, forward-looking climate information and other projections to anticipate changing environmental conditions during the design life of existing or planned facilities, land, and other capital assets of the Department and make relevant decisions and planning strategies based on this information;
(F)
after consulting with the United States Global Change Research Program and other relevant Federal and non-Federal entities, include recommendations for best practices, standards, and solutions for future placement, planning, renovation, leasing, purchase, construction, and disposal of facilities and land of the Department so as to avoid or mitigate the challenges resulting from placing a facility in an area at risk of being vulnerable to harm from the impacts of changing environmental conditions; and
(G)
assess how the Department can incorporate climate resilience information into its processes and procedures for capital asset investment decisions.
(2)
Sources of information and projections— Sources of information and projections used under paragraph (1)(E) may include the Bureau of the Census (for population projections), the National Academies of Sciences, Engineering, and Medicine (for land use change projections and climate projections), the United States Geological Survey (for land use change projections), the United States Global Change Research Program and the National Climate Assessment (for climate observations and projections), and such other sources as the Secretary considers reliable in consultation with the United States Global Change Research Program.
(c)
Reports—
(1)
Mission critical assets— Not later than 540 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report detailing the results of the review conducted under subsection (a) with respect to mission critical capital assets of the Department and the actions the Secretary will take in response to the findings of such review.
(2)
All assets— Not later than one year after the date on which the Secretary submits the report under paragraph (1), the Secretary shall submit to the appropriate committees of Congress a report detailing the results of the review conducted under subsection (a) with respect to all capital assets of the Department and the actions the Secretary will take in response to the findings of such review.
(3)
Elements— Each report submitted under paragraphs (1) and (2) shall include, with respect to the assets covered by the respective report, the following:
(A)
Recommendations for legislative and administrative action to mitigate and respond to the findings contained in the review conducted under subsection (a).
(B)
A description of action taken or to be taken by the Secretary to improve the climate resilience of existing facilities, land, infrastructure and other relevant capital assets under the jurisdiction or control of the Department.
(C)
A description of changes in policy, directives, and procedures of the Department to mitigate, plan for, and improve resilience of future constructed, leased, or other facilities, land, infrastructure, and other relevant capital assets under the jurisdiction or control of the Department.
(D)
A description of how the Department will incorporate climate resilience information into its processes and procedures for capital asset investment decisions.
(E)
A description of changes the Department will make to ensure the facilities, land, infrastructure, and other relevant capital assets of the Department are available to furnish care and services under section 1785 of title 38, United States Code, during or following a disaster or emergency.
(F)
The estimated cost to implement the changes described in the report.
(G)
The estimated timeline to implement the changes described in the report.
(H)
Such other matters, recommendations, or requests as the Secretary considers appropriate, including recommendations for relevant legislative or administrative action.
(4)
Updates—
(A)
In general— Not later than five years after the date on which the Secretary submits the report under paragraph (2) and not less frequently than once every five years thereafter until the date that is 23 years after the date of the enactment of this Act, the Secretary shall submit to the appropriate committees of Congress an update of the report submitted under paragraph (2).
(B)
Contents— Each update submitted under subparagraph (A) shall describe the efforts of the Department since the submittal of the latest report or update, as the case may be, relating to matters covered by the report and such other matters as the Secretary considers appropriate.
(d)
Climate resilience defined— In this section, the term climate resilience means—
(1)
anticipating, preparing for, and adapting to changing environmental conditions such as variations in average weather conditions that persist over multiple decades or longer that encompass increases and decreases in temperature, shifts in precipitation, and changing risk of certain types of severe weather events; and
(2)
the ability to withstand, respond to, and recover rapidly from disruptions while ensuring the sustainment of mission-critical operations.

Sec. 202 Strategic plan to improve planning, management, budgeting, staffing, capacity, and performance of Department of Veterans Affairs capital asset activities

(a)
Initial strategic plan—
(1)
In general— Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the appropriate committees of Congress a strategic plan to improve the planning, management, budgeting, staffing, capacity, and performance by the Department of Veterans Affairs relating to capital assets. Such strategic plan shall be known as the “Strategic Plan to Improve VA’s Delivery and Management of Capital Assets” (in this subsection referred to as the Plan).
(2)
Structure— The Plan shall consist of not fewer than two parts as set forth in this subsection.
(3)
Part One—
(A)
In general— Part one of the Plan shall focus on the human capital needs for the capital asset and related areas workforce of the Department (in this subsection referred to as Part One).
(B)
Elements— Part One shall include the following:
(i)
A description of the steps being taken by the Department, including by the lead official designated under section 101(a)(3), and the steps that the Department plans to take during the 10-year period following the date of the Plan, including a specific timeline, to ensure sufficient capital asset personnel at the local, regional, and central office levels of the Department are available and prepared—
(I)
to execute the current level of capital asset work, including maintenance, delivery of new facilities, disposal, and reuse;
(II)
to handle future capital asset work described in subclause (I) during such 10-year period; and
(III)
to perform any other capital asset activities as identified by the Secretary.
(ii)
A plan that addresses the needed capital asset workforce of the Department by—
(I)
identifying and describing the staffing needs and status of such workforce, including—
(aa)
the number of currently authorized positions;
(bb)
the number of filled positions of those positions authorized;
(cc)
the number of unfilled positions of those positions authorized, including reasons why those positions are not filled and steps the Department is taking to fill those positions;
(dd)
the number of current positions needed above the level currently authorized; and
(ee)
future needs, including expected growth or reduction of personnel, during the 10-year period following the date of the Plan;
(II)
providing the data under subclause (I) at the Departmental level, disaggregated by relevant divisions of the Department and by—
(aa)
data for the Veterans Health Administration, broken out by field, Veterans Integrated Service Network, and central office, including the Office of Healthcare Environment and Facilities Programs;
(bb)
data for the Office of Acquisition, Logistics, and Construction, broken out by field, region, and central office;
(cc)
data for the National Cemetery Administration, broken out by field, region, and central office;
(dd)
data for the Veterans Benefits Administration, broken out by field, region, and central office;
(ee)
data for the Office of Asset Enterprise Management;
(ff)
data for the Office of Information and Technology, broken out by field, region, and central office; and
(gg)
data for all other offices of the Department not covered under items (aa) through (ff) that have capital asset staff or significant capital asset responsibilities or are key enablers and support functions for capital asset management at the field, regional, or central office level; and
(III)
including an estimate of the funding required to accomplish filling the unfilled and future positions specified under subclause (I) during the 10-year period following the date of the Plan.
(iii)
A description of the efforts taken and planned to be taken by the Department to recruit, retain, and develop the existing and future capital asset workforce of the Department.
(iv)
A description of any changes needed to the qualifications, standards, position descriptions and other related matters to ensure the qualification standards of the workforce, including those resulting from implementation of section 101(b)—
(I)
match the needs of the Department; and
(II)
align where appropriate with relevant Federal Government and industry standards and best practices.
(v)
A description of how the Department will coordinate the capital asset human capital efforts of the Department across the Veterans Health Administration, the Office of Acquisition, Logistics, and Construction, the National Cemetery Administration, the Veterans Benefits Administration, the Office of Asset Enterprise Management, or similar successor offices, and other entities of the Department so as to leverage collective efforts, reduce unnecessary duplication, and identify opportunities for collaboration and efficiency.
(vi)
With respect to a Department-wide succession plan for leadership and mission-critical occupations in the capital asset workforce of the Department—
(I)
if such a plan is not already developed, a timeline for the development of such a plan; and
(II)
if such a plan is already developed, the current implementation status of such plan.
(vii)
An assessment of different regional challenges in rural, suburban, and urban areas to recruit and retain the necessary capital asset workforce of the Department and steps to be taken by the Department in response to such challenges.
(viii)
With respect to the report published by the National Academies of Sciences, Engineering, and Medicine on December 24, 2019, entitled “Facilities Staffing Requirement for VHA-Resource Planning and Methodology for the Future”—
(I)
a description of the recommendations from the report that have already implemented;
(II)
a plan and timeline to implement the recommendations from the report that have not already been implemented and the Secretary plans to implement; and
(III)
for each recommendation from the report that has not already been implemented and the Secretary does not plan to implement, a description of the recommendation and a justification for the decision not to implement the recommendation.
(ix)
A description of how the Department will leverage, where appropriate and relevant, contract support and partnerships with other Federal agencies, nonprofit organizations, and other entities to meet the short-, medium-, and long-term human capital needs for infrastructure to ensure that the Department has the experience and workforce needed to match the current and future projected infrastructure workload of the Department.
(x)
A description of any improvements to training or curriculum of the Department that are needed to enhance the education of the capital asset employees of the Department to ensure they are as proficient as possible in their jobs.
(xi)
A description of the status of the implementation of the staffing model established under section 101(a)(4).
(xii)
A description of such legislative or administrative action as the Secretary considers necessary to recruit, retain, and develop a strong capital asset management workforce.
(xiii)
Such other matters as the Secretary considers necessary.
(C)
Staff covered by strategic plan— Part One shall cover all relevant staff required for the effective management of the entire life-cycle of facilities, land, infrastructure, and other relevant capital assets of the Department, including the following:
(i)
Individuals who keep facilities clean, such as janitorial and housekeeping staff and housekeeping aids.
(ii)
Individuals who maintain facilities, such as through repairs and preventative maintenance.
(iii)
Groundskeepers.
(iv)
Planners, engineers, and architects.
(v)
Project managers.
(vi)
Individuals with expertise in real estate, acquisition, leasing, and easements.
(vii)
Energy or utility experts, including experts with respect to energy efficiency and renewable energy.
(viii)
Individuals who work in—
(I)
capital asset management;
(II)
healthcare architecture and engineering;
(III)
environmental management; or
(IV)
occupational safety and health.
(ix)
Individuals who conduct contracting, including contracting officers, related to capital assets locally, regionally, or nationally for all various types of construction or infrastructure work, such as minor construction, major construction, nonrecurring maintenance, and leases.
(x)
Individuals knowledgeable in relevant rules and procedures related to property disposal or transfer, environmental remediation, historic preservation, and other similar topics.
(xi)
Relevant legal counsel and staff of the Office of General Counsel needed to perform relevant duties that occur throughout the entire life-cycle of capital asset management activities.
(xii)
Any other position that has a critical role, including supporting or enabling functions, in the planning, contracting, delivery, maintenance, upkeep, and disposal of capital assets.
(xiii)
Any other positions the Secretary determines relevant.
(4)
Part Two—
(A)
In general— Part two of the Plan shall cover the methods undertaken by the Department to accomplish changes to improve the planning, execution, and delivery of capital asset projects of the Department, such as maintenance, renovations, land acquisition, disposal, reuse, or new construction or leasing, including through better planning, project management, cost, and schedule performance (in this subsection referred to as Part Two).
(B)
Elements— Part Two shall include the following:
(i)
A timeline for accomplishing the changes described in subparagraph (A).
(ii)
A description of the steps the Department is taking or plans to take to shorten the time it takes from project concept to completion while controlling costs and budget, and achieving established goals.
(iii)
A description of the steps the Department is taking or plans to take to increase the capacity and ability of the Department to complete a larger number of projects in a given year.
(iv)
A description of what new or modified contracting or other services, arrangements, strategies, contract vehicles or mechanisms, innovations, pilots, and partnerships the Department is planning to use during the five-year period following the date of the Plan, including—
(I)
a timeline of how and when the Department will test and implement those approaches; and
(II)
a description of any limitations under current law (including regulations) that would prevent or are preventing the Department from using innovative contracting vehicles, services, arrangements, administrative action, or other agreements and strategies and what legislative changes are needed to facilitate use of those approaches, including a description of whether each limitation is a limitation for all Federal agencies or only for the Department.
(v)
A description of the costs incurred or added to meet Federal or Department standards, including those for resiliency, accessibility, and other areas that are needed and may be greater or more stringent than private industry standards.
(vi)
A description of the steps the Department is taking or plans to take to improve capital project delivery by standardizing facility design, modularizing facilities components, and taking other steps to accelerate project delivery while maintaining flexibility, agility, and quality, including a timeline for the completion of such steps.
(vii)
A description of steps the Department is taking or plans to take to make all of its relevant capital assets energy efficient.
(viii)
The steps the Secretary is taking or plans to take to ensure the Office of Information and Technology and the Office of Acquisition, Logistics, and Construction of the Department, or similar successor offices, are integrated into all relevant aspects of the capital asset planning and implementation process of the Department, including at the earliest stage of every relevant capital asset project in the field so as to improve communication, coordination, and project scope, cost, and schedule.
(ix)
A description of any other actions the Department is taking or plans to take to improve its delivery and management of capital assets.
(x)
A description of such legislative or administrative action as the Secretary considers necessary to more effectively manage and deliver needed capital assets of the Department.
(xi)
Such other matters as the Secretary considers necessary.
(b)
Subsequent reports— Not later than three years after the date on which the strategic plan required by subsection (a) is submitted pursuant to paragraph (1) of such subsection, and once every three years thereafter for a period of six years, the Secretary shall submit to the appropriate committees of Congress a report including—
(1)
a description of any changes with respect to the matters described in paragraphs (3) and (4) of subsection (a) since the strategic plan was submitted or the previous report was submitted under this subsection, whichever may have been more recent;
(2)
an explanation of which plans, actions, and initiatives contained in the strategic plan or previous report, as the case may be, were carried out;
(3)
a list of plans, actions, and initiatives from the strategic plan or previous report, as the case may be, that were not carried out and the reasons for such lack of action;
(4)
a discussion of the results and performance of the Department since the strategic plan or the previous report, as the case may be, including in cost savings, faster project delivery, increased capacity to complete an increased number of projects in a given year, and reduction in the number of unaddressed priority capital asset improvements; and
(5)
such other matters as the Secretary considers necessary.

Sec. 203 Centralized management of capital asset disposal and reuse and annual report on completion of disposal and reuse activities of Department of Veterans Affairs

(a)
Centralized management—
(1)
In general— Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall, to the greatest extent practicable, centralize and consolidate the management and oversight of all disposal and reuse activities of the Department of Veterans Affairs within one office or sub-office of the Department which shall have the sole focus of property disposal, including reuse, transfer, and demolition.
(2)
Plans and goals— The office or sub-office described in paragraph (1) shall be focused on developing and implementing a measurable plan with yearly goals to dispose of, reuse, or transfer relevant capital assets.
(3)
Consolidation of functions and employees— To the greatest extent practical, the Secretary shall consolidate the functions and employees of the office or sub-office described in paragraph (1) within one organization element of the Department so as to improve effectiveness, efficiency, and accountability.
(4)
Disposal management report—
(A)
Report required— Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the appropriate Committees of Congress a report on the actions of the Secretary to carry out this subsection.
(B)
Contents— The report submitted under subparagraph (A) shall include the following:
(i)
A description of whether and how the consolidation has been carried out as required by this subsection.
(ii)
Identification of the responsible single official with oversight over all capital asset disposals of the Department.
(iii)
Observations or conclusions regarding the challenges of managing capital asset disposals of the Department.
(iv)
Such recommendations for administrative or legislative action as the Secretary may have to improve the organization and effectiveness of the capital asset disposal work of the Department.
(b)
Initial disposal and reuse progress report—
(1)
Report required— The Secretary shall include with the budget justification materials that are submitted to Congress in support of the Department budget for the first fiscal year beginning after the date of the enactment of this Act (as submitted with the budget of the President for such fiscal year under section 1105(a) of title 31, United States Code) a report containing a specific timeline to accomplish the disposal and reuse actions the Secretary included in the disposal and reuse reports included in the annual budget of the Department of Veterans Affairs submitted by the President under section 1105(a) of title 31, United States Code, or similar future reports.
(2)
Contents— The report required by paragraph (1) shall include the following:
(A)
(i)
A description of a specific timeline and plan to sell, reuse, dispose of, demolish, transfer, or otherwise manage the capital assets, including individual structures and buildings, that the Secretary has identified in the reports described in such paragraph in the next fiscal year and over the next five fiscal years.
(ii)
A description under clause (i) shall—
(I)
indicate those disposal projects that the Secretary believes have a business case to conduct a disposal and those that the Secretary believes lack a business case; and
(II)
include an explanation for such reasoning.
(B)
A list of any impediments or challenges, on a project by project basis and in the aggregate, to carrying out any action described in subparagraph (A), including funding constraints, environmental remediation and preservation mitigation and any need for administrative or legislative action to address those impediments or challenges.
(C)
A discussion of whether disposal and reuse actions do not get completed or initiated because they may compete for resources with urgent health care delivery or other more time-sensitive infrastructure or other operational needs of the Department.
(D)
A detailed cost estimate of the funding, including funding type, needed to accomplish all of the actions described in paragraph (1), including the number of fiscal years for which such funding is needed and an indication of what funding for capital asset disposal and reuse activities is included in the budget of the President with which the report under such paragraph is included.
(E)
A discussion of whether the Department would benefit from having a distinct and separate account within the budget of the Department dedicated to the management of the disposal and reuse of these assets.
(F)
The cost to maintain capital assets waiting to be processed for disposal or reuse for the preceding fiscal year, disaggregated by project.
(G)
Such other matters as the Secretary considers appropriate.
(c)
Subsequent disposal and reuse progress reports—
(1)
Subsequent reports required— For the first fiscal year after the fiscal year referred to in subsection (b)(1) and each fiscal year thereafter, the Secretary shall include with the budget justification materials that are submitted to Congress in support of the Department budget (as submitted with the budget of the President for such fiscal year under section 1105(a) of title 31, United States Code) a report on actions described in such subsection.
(2)
Contents— Each report required by paragraph (1) shall include the following:
(A)
An update to the most recent report under subsection (b) or this subsection, as applicable, with respect to each of subparagraphs (A) through (G) of paragraph (2) of such subsection.
(B)
Information on how many disposal and reuse actions from the previous year's report were accomplished or not accomplished.
(C)
Information about what may have inhibited the accomplishment of those actions described in subparagraph (B) that were not accomplished.
(D)
A description of best practices or lessons learned with respect to actions described in subsection (b)(1).
(E)
Such other matters as the Secretary considers appropriate and relevant.

Sec. 204 Report on options to improve minor construction program of Department of Veterans Affairs

(a)
Report required— Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the appropriate committees of Congress a report on potential options and alternatives to improve, reform, and provide more flexibility to the minor construction activities of the Department of Veterans Affairs so as to increase effectiveness in commencing and delivering minor construction capital asset projects.
(b)
Contents— The report submitted under subsection (a) shall include the following:
(1)
A discussion regarding legislative or administrative action to define the term “minor construction” for purposes of Department budgeting and accounting by using an automatic adjustment of the threshold using—
(A)
an index to adjust for inflation; and
(B)
another index to adjust for regional variations and trends in the cost of construction.
(2)
A discussion of whether the practice of the Department entering into multiple minor construction projects rather than one larger major construction project is an efficient best practice for delivery of capital asset projects.
(3)
A discussion of whether the Department should adopt any best practices of other Federal agencies or non-Federal entities for its minor construction capital asset projects.
(4)
Such other suggestions for legislative or administrative action as the Secretary may have with respect to the management, including project thresholds, of minor construction capital asset projects.
(5)
Such other matters as the Secretary considers appropriate.
(c)
Definitions— In this section:
(1)
Major construction— The term major construction means capital project to construct, alter, extend, or improve any facility that involves a total expenditure of more than $20,000,000, including a major medical facility project (as defined in section 8104(a)(3) of title 38, United States Code).
(2)
Minor construction— The term minor construction means a capital project to construct, alter, extend, or improve any facility that involves a total expenditure of $20,000,000 or less.

Sec. 205 Report on improvements to alignment of information technology funding and activation of medical and other space of Department of Veterans Affairs

(a)
Report required— Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the appropriate committees of Congress a report on any potential improvements to the alignment of funding of the Department of Veterans Affairs for information technology so as to facilitate more effective and efficient activation of medical and other relevant space of the Department.
(b)
Elements— The report required by subsection (a) shall include the following:
(1)
A description of any current limitations on funding mechanisms, including the timing and sequencing of information technology and health care resources that are needed to purchase, procure, and install information technology equipment and related information technology assets and services needed for the activation of medical and other relevant space of the Department, whether leased, owned, or otherwise under the jurisdiction of the Department.
(2)
Any proposed solutions the Secretary may have to address the limitations described in paragraph (1).
(3)
Any legislative or administrative action required to achieve the solutions described in paragraph (2).
(4)
Such other matters as the Secretary considers appropriate.

Sec. 206 Reports on key capital asset investments, activities, and performance of Department of Veterans Affairs

(a)
In general— Section 8120 of title 38, United States Code, is amended to read as follows:

“8120. Reports on key capital asset investments, activities, and performance

“(a) Capital asset investment, activities, and performance

“(1) In general—Not later than 30 days after the end of each fiscal year, and every 60 days thereafter until the end of that fiscal year, the Secretary shall submit to the appropriate committees of Congress a report on key capital asset investments, activities, and performance of the Department.

“(2) Elements

“(A) First report in each fiscal year—The first report under paragraph (1) in each fiscal year shall include the following:

“(i) A brief summary of each capital asset project that was completed in the previous fiscal year.

“(ii) A brief summary of the accomplishments, impediments, and challenges experienced by the Department with respect to capital asset projects in the previous fiscal year and a description of efforts made to address any such impediments and challenges.

“(iii) With respect to each capital asset project completed in such year, the following:

“(I) The type of project (major construction, minor construction, non-recurring maintenance, leases, or other category, including disposals).

“(II) The estimated total cost and the actual total cost of the project.

“(III) A description of the project.

“(IV) The location and facility with respect to which the project was carried out.

“(V) The fiscal quarter the project was expected to begin, the fiscal quarter the project began, the month and year the project was completed, and the fiscal quarter the facility in connection to such project was in use by veterans, employees of the Department, or other relevant users, as the case may be.

“(iv) In the case of any capital asset project completed during the previous fiscal year with respect to which the final cost of the project (or any increment of the project) was more than 10 percent greater than the estimated cost of the project (or increment) or the completion of such project (or increment) was more than 180 days later than the planned schedule for such project (or increment)—

“(I) the reason for any such overage or delay; and

“(II) actions being taken to prevent any such overage or delay in future projects.

“(v) A list of any capital asset projects cancelled during the previous fiscal year, including any projects in the design phase and including the reason for the cancellation.

“(vi) A summary of total actual obligations for capital asset projects for the previous fiscal year, broken out by major construction, minor construction, non-recurring maintenance, and leases, from the medical facilities appropriation account of the Department.

“(vii) A projected list of capital asset projects, broken out by type of project under subclause (I), that are expected to be initiated during the current fiscal year and those that are expected to be completed during the current fiscal year, which shall include the following:

“(I) The type of project (major construction, minor construction, non-recurring maintenance, leases, or other category, including disposals).

“(II) The estimated total cost of the project.

“(III) A description of the project.

“(IV) The location and facility with respect to which the project was carried out or is expected to be carried out.

“(V) The fiscal quarter the project is expected to begin, the fiscal quarter the project is expected to be completed, and the fiscal quarter the facility in connection to such project is expected to be in use by veterans, employees of the Department, or other relevant users, as the case may be.

“(viii) Projected total obligations for capital asset projects for the current fiscal year, broken out by major construction, minor construction, non-recurring maintenance, and leases, from the medical facilities appropriation account of the Department.

“(ix) Such observations of best practices, impediments, and accomplishments related to the capital asset management and performance of the Department, including any legislative or administrative action, as the Secretary considers appropriate with respect to such practices, impediments, and accomplishments.

“(x) Meaningful metrics that show the progress of the Department toward meeting relevant goals of the Department relating to capital asset management.

“(xi) Such other matters as the Secretary considers appropriate.

“(B) Subsequent reports—Each report in a fiscal year after the first report shall include, at a minimum, relevant updates on any capital asset projects that are ongoing during that fiscal year, including any updates to information provided with respect to such projects under subparagraph (A).

“(C) Metrics—Beginning not later than two years after the date of the enactment of the BUILD for Veterans Act of 2023, the metrics described in subparagraph (A)(x) shall include the metrics developed under section 102(a)(1) of such Act.

“(3) Matters relating to reporting costs—In each report under paragraph (1), when reporting on costs for capital asset projects, the Secretary may include information regarding Federal requirements, including those specific to the Department, that may not exist in the non-Federal construction sector that may increase costs for capital asset projects.

“(b) Super construction projects

“(1) In general—Not later than 30 days after the end of each fiscal year, and every 60 days thereafter until the end of that fiscal year, the Secretary shall submit to the appropriate committees of Congress a report on the super construction projects carried out by the appropriate non-Department Federal entity described in section 8103(e)(1) of this title during such year.

“(2) Elements—Each report required under paragraph (1) shall include, for each project described in such paragraph—

“(A) the budgetary and scheduling status of the project, as of the last day of the most recent fiscal quarter ending before the date on which the report is required to be submitted; and

“(B) the actual cost and schedule variances of the project, as of such day, compared to the planned cost and schedules for the project.

“(c) Definitions—In this section:

“(1) Appropriate committees of Congress—The term appropriate committees of Congress means—

“(A) the Committee on Appropriations and the Committee on Veterans’ Affairs of the Senate; and

“(B) the Committee on Appropriations and the Committee on Veterans’ Affairs of the House of Representatives.

“(2) Capital asset project—The term capital asset project means a capital asset investment or activity of the Department.

“(3) Super construction project—The term super construction project has the meaning given such term in section 8103(e)(3) of this title.”

(b)
Clerical amendment— The table of sections at the beginning of subchapter I of chapter 81 of title 38, United States Code, is amended by striking the item relating to section 8120 and inserting the following new item:

Sec. 207 Reports on projected need for funding for infrastructure and capital assets of Department of Veterans Affairs

(a)
Initial report— Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the appropriate committees of Congress a report summarizing the projected amount of funding for infrastructure and capital assets that the Department of Veterans Affairs will need for the 10 fiscal years that begin immediately following such date.
(b)
Subsequent reports— The Secretary shall include in the annual budget of the Department submitted by the President under section 1105(a) of title 31, United States Code, for fiscal year 2025 and each fiscal year thereafter a report described in subsection (a) relating to the 10 fiscal years that begin immediately following the date on which such budget is submitted.
(c)
Elements— Each report required by this section shall include, for each fiscal year covered by the report and for the entire period covered by the report, the following:
(1)
The projected funding needs of the Department disaggregated by funding purpose, including the following:
(A)
Land acquisition.
(B)
Operations and maintenance of facilities of the existing capital asset portfolio of the Department to include the minimum level of funding below which facilities could not be appropriately maintained.
(C)
Operations and maintenance of the planned future capital asset portfolio of the Department.
(D)
New construction, by type, including major construction, minor construction, and nonrecurring maintenance.
(E)
Leasing.
(F)
Activation of space.
(G)
Disposal, reuse, and remediation.
(H)
Staffing to support the planning, delivery, management, and maintenance of the Department’s current and future capital asset portfolio.
(I)
Such other categories as the Secretary deems relevant.
(2)
The projected funding needs under paragraph (1) disaggregated by—
(A)
not fewer than five major components of the Department that use infrastructure resources, including the Veterans Health Administration, the National Cemetery Administration, the Veterans Benefits Administration, the Office of Information and Technology, and all other staff offices of the Department; and
(B)
type of capital asset investment.
(3)
A description of the cost increases which may or have been incurred because of the delay in adequate, stable, and predictable funding and forward movement on capital asset projects. Such description may include a discussion of the negative effect of the lack of stable and predictable capital asset funding on the ability of the Department to plan, staff, and execute effective capital asset management.
(4)
A complete list of capital asset projects (regardless of size or type) for which all relevant preparatory work has been conducted and whose key limiting factor in commencing is lack of sufficient funds.
(5)
Such other matters as the Secretary considers appropriate, including matters relating to necessary legislative or administrative action.

Sec. 208 Inspector General of the Department of Veterans Affairs reports on Department infrastructure projects

(a)
In general— Not later than three years after the date of the enactment of this Act, and at least twice during the six-year period beginning on the date that is three years after the date of the enactment of this Act, the Inspector General of the Department of Veterans Affairs shall submit to the appropriate committees of Congress a report examining the management and performance of relevant capital asset projects of the Department.
(b)
Sample projects— The Inspector General shall select meaningful and representative samples of categories of projects and project management efforts for review, including those that were initiated before the date of the enactment of this Act and those that were initiated on or after the date of the enactment of this Act, such as major construction, minor construction, nonrecurring maintenance, major and minor leases, land acquisition, and disposals.
(c)
Elements— Each report submitted under subsection (a) may include, at the discretion of the Inspector General, the following:
(1)
A comparison of planned versus actual cost, schedule, and scope metrics.
(2)
Improvements or lack thereof to capital asset project management, including staffing, at the local, regional, or national levels.
(3)
Observations on key characteristics inhibiting successful delivery of projects or allowing for successful delivery of projects.
(4)
Identification of areas of waste, fraud, and abuse, if any.
(5)
Such other matters as the Inspector General considers appropriate.

Sec. 209 Comptroller General reports on capital asset program management and execution by Department of Veterans Affairs

(a)
In general— Not later than three years after the date of the enactment of this Act and not less frequently than once every three years thereafter until the date that is 9 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate committees of Congress a report reviewing the progress of the Department of Veterans Affairs toward meeting the goals, metrics, and other plans of the Department under this Act, particularly under sections 101, 102, and 202.
(b)
Elements— Each report required by subsection (a) may include the following:
(1)
A review of the performance of the Department related to planning, oversight, management of human capital, contracting, and execution of capital asset projects.
(2)
A review of how the Department is complying with the requirements of this Act.
(3)
Such other topics as the Comptroller General considers appropriate.

Sec. 210 Report on dental care physical infrastructure needs of Department of Veterans Affairs

Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the appropriate committees of Congress a report, disaggregated by medical center or other relevant health care facility of the Department of Veterans Affairs, on—
(1)
the physical infrastructure needed (such as new facilities, renovations, remodels, leases, or other infrastructure) to provide dental services to veterans eligible for such services under the laws administered by the Secretary; and
(2)
the project by project cost and total cost to establish the physical infrastructure specified under paragraph (1) and an estimated timeline to complete such projects upon receipt of appropriate funding.

Sec. 211 Report on long-term care physical infrastructure needs of Department of Veterans Affairs

(a)
In general— Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the appropriate committees of Congress a report, disaggregated by medical center or other relevant health care facility of the Department of Veterans Affairs, identifying the physical infrastructure needs of the Department to support current and future anticipated long-term care needs and models of care for veterans, including—
(1)
infrastructure needed to support the delivery of long-term care for women veterans, veterans with spinal cord injuries and diseases, veterans with traumatic brain injury, veterans with unique behavioral health needs, veterans with memory loss, and other population groups with unique needs or projected future needs;
(2)
information regarding the plans of the Department to provide such care as the Department builds internal capacity but space is not yet available to meet the demand for such care; and
(3)
with respect to any projects needed to provide the infrastructure specified under paragraph (1)—
(A)
the estimated individual project cost and total cost to accomplish those projects; and
(B)
the estimated individual project timeline to accomplish each such project upon receipt of appropriate funding.
(b)
Inclusion of information regarding prioritization of certain projects— The Secretary shall include in the report required under subsection (a) information regarding how the infrastructure prioritization processes of the Department, such as the Strategic Capital Investment Planning process, or successor process, could be modified to include higher prioritization of projects that support the provision of a health care service that is not widely available, or is not available in compliance with appropriate quality or access standards, from non-Department providers.
(c)
Development of report— In developing the report required under subsection (a), the Secretary shall consult with relevant regional and national program offices of the Veterans Health Administration with responsibility to manage the various health care services covered by the report, including long-term care and care relating to spinal cord injuries and diseases, to ensure that the report contains a holistic, comprehensive, and integrated plan to address the capital asset and other space needs for the population of veterans who require those services.
(d)
Indication of types of projects— In the report required under subsection (a), the Secretary shall indicate the projects that can be most efficiently and effectively accomplished through smaller individual infrastructure projects or through a larger medical facility replacement or new site of care, as determined by the Secretary.

Sec. 212 Report on feasibility and advisability of using a dedicated budget account for maintenance of capital assets of Department of Veterans Affairs

(a)
Report required— Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the appropriate committees of Congress a report on the feasibility and advisability of requesting that Congress create a dedicated budget account from which the Department of Veterans Affairs would request funds, based on relevant methodology, formulas and percentages tied to the existing and future capital asset needs of the Department, and if such funds are provided, draw upon to pay for maintenance, preventative maintenance, and repair of the capital assets of the Department.
(b)
Contents— The report required by subsection (a) shall include the following:
(1)
The best practices used by the Department, drawing from the Federal Government, State and local governments, nonprofit organizations, private industry, and other appropriate entities, relating to stable and consistent planning and budgeting for capital asset maintenance.
(2)
Relevant formulas and percentages that the Department currently uses to identify the resources required for capital asset maintenance or could use to dedicate or segment off funds to pay for needed and expected maintenance costs based on the size, need, complexity, and other requirements of the capital asset portfolio of the Department.
(3)
Such other information as the Secretary considers appropriate.

Sec. 213 Report on women veterans retrofit initiative

Section 5102 of the Deborah Sampson Act of 2020 (title V of Public Law 116–315; 38 U.S.C. 8110 note) is amended—
(1)
by redesignating subsection (c) as subsection (d); and
(2)
by inserting after subsection (b) the following new subsection (c):

“(c) Report on projects

“(1) In general—Not later than one year after the date of the enactment of the BUILD for Veterans Act of 2023, the Secretary shall submit to the appropriate committees of Congress a report containing—

“(A) an identification of the funding requested and the funding provided to the Department for retrofitting prioritized under subsection (a) as of the date of the report;

“(B) a list of projects conducted with such funding as of such date, including—

“(i) amounts obligated for each such project;

“(ii) the locations of each such project;

“(iii) a short description of each such project; and

“(iv) the status of each such project, including an estimated timeline to complete the project; and

“(C) a list of projects for retrofitting prioritized under subsection (a) as of such date that remain unfunded as of such date, including—

“(i) the estimated funding required for those projects to be completed, on a project by project basis; and

“(ii) an estimated timeline to complete each such project if necessary funding and other resources are provided.

“(2) Updates—Not later than one year after the submittal of the report under paragraph (1), and annually thereafter until the earlier of the date that is 10 years after the submittal of such report or the date on which all projects listed under subparagraphs (B) and (C) of such paragraph have been completed, the Secretary shall submit to the appropriate committees of Congress a report on—

“(A) the progress made by the Secretary in completing such projects; and

“(B) an identification of the funding requested and the funding provided to the Department to complete such projects.

“(3) Appropriate committees of Congress—In this subsection, the term appropriate committees of Congress means—

“(A) the Committee on Appropriations and the Committee on Veterans’ Affairs of the Senate; and

“(B) the Committee on Appropriations and the Committee on Veterans’ Affairs of the House of Representatives.”

Sec. 214 Report on capital asset and information technology needs of the research and development program of Department of Veterans Affairs

(a)
Report required— Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report on the capital asset and information technology needs of the research and development program of the Department of Veterans Affairs.
(b)
Contents—
(1)
In general— The report required by subsection (a) shall include the following:
(A)
A comprehensive summary of new facilities, renovations of existing facilities, leasing of facilities and any other such facilities or physical infrastructure the Department requires to effectively perform its research and development functions, including projected functions.
(B)
Detailed information on the information technology resources, projects, equipment, and related information technology needs, disaggregated by type of information technology funding categories, such as development or operations and maintenance, the Department requires in order to make the research and development program and activities of the Department functional and high performing in the short, medium, and long term, and those needed to enable employees of the Department to perform their research and development in an effective and efficient manner.
(C)
Such matters as the Secretary deems relevant to maintain and further improve and advance the research and development functions of the Department through improved capital asset and information technology support.
(2)
Requirements—
(A)
Facilities—
(i)
Summaries by project— In providing information under paragraph (1)(A), the Secretary shall provide estimated summaries for each project with cost data as well as a realistic multi-year plan to design and deliver the capital asset projects, assuming required funding is provided.
(ii)
Identification of projects— Each project shall be identified by its project type such as major construction, minor construction, nonrecurring maintenance, major lease, minor lease, or such other category as the Secretary determines may be appropriate.
(B)
Information technology— In providing information under paragraph (1)(B), the Secretary shall provide estimated summaries for each project or investment with individual and total cost data as well as a realistic multi-year plan to develop relevant requirements and acquire and deploy the relevant information technology services, projects, equipment, and related matters.
(C)
Scope— The scope of the report submitted under subsection (a) is on the capital asset, information technology, and other related critical support functions, excluding human capital related needs, needed for the Department to perform research and development in an effective and efficient manner.
(c)
Considerations— In preparing the report required by subsection (a), the Secretary may consider the following:
(1)
The findings of the 2012 final report of the Research Infrastructure Program of the Department.
(2)
Current and updated data providing the most accurate and holistic presentation of the physical infrastructure, information technology, and other relevant support function needs of the research and development program of the Department.
(3)
Such other matters as the Secretary considers appropriate.

Sec. 215 Review and report on provisions of law relating to Department of Veterans Affairs capital asset management and oversight

(a)
Review— The Secretary of Veterans Affairs shall review all relevant authorities of the Department of Veterans Affairs, including those in section 312A of title 38, United States Code, and determine whether the provisions of such authorities are meaningful, relevant, and reflect the current operational needs, organization structure, and all other necessary requirements for the full life-cycle of effective and efficient management of capital assets.
(b)
Report— Not later than 270 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report regarding whether the authorities reviewed under subsection (a) should be revised to align more closely with current and future projected operational needs of the Department.
(c)
Contents— The report required by subsection (b) shall include the following:
(1)
An assessment of whether other offices, administrations, or entities of the Department should be directed to formally assume certain functions currently assigned to officials of the Department, including to the Deputy Secretary, the Director of Construction and Facilities Management, the Under Secretary for Health, the Assistant Secretary for Management, and the Chief Financial Officer, pursuant to statute or Departmental practice, so as to match operational realties and needs, directives, policies, and procedures of the Department, to improve efficiencies, streamline management and lines of authority, responsibility, and accountability or other reasons that would be beneficial to the capital asset management of the Department.
(2)
An assessment of whether capital asset functions currently not clearly assumed or controlled by other entities of the Department should be more clearly assigned to relevant offices of the Department to match operational realities and needs, directives, policies, and procedures of the Department, to improve efficiencies, streamline management and lines of authority and responsibility, or other reasons that would be beneficial to the capital asset management of the Department.
(3)
Identification of whether any new offices, structures, positions, or reporting lines should be created or modified in the Department to improve operational effectiveness, performance, and accountability for capital asset management.
(4)
An assessment of whether a modified Departmental organizational structure and changes to relevant statutory provisions could create a clearly identified single line of accountability and responsibility for the full life-cycle of capital asset management activities of the Department so as to improve effectiveness, efficiency, performance, and stability of Departmental capital asset management.
(5)
Specific reasons for the statutory or other changes that are recommended in the report or if no changes are necessary, a justification for not making any changes, including a statement providing the single responsible executive and office in charge of managing all capital asset management activities of the Department as of the date of the report.
(6)
Identification of such legislative or administrative action as the Secretary determines necessary to implement the changes necessary to improve capital asset management at the Department.

Sec. 216 Improving prevention, detection, and reporting of waste, fraud, and abuse in Department of Veterans Affairs capital asset projects and activities

(a)
Report required— Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the appropriate committees of Congress a report on actions the Department of Veterans Affairs is taking or plans to take to enhance the ability of the Department to prevent, detect, and report waste, fraud, and abuse occurring in capital asset projects of the Department, whether by employees, contractors, or other relevant persons or entities involved with the Department.
(b)
Elements— The report required by subsection (a) shall include the following:
(1)
An assessment of whether new training or enhancements to existing training should be undertaken to improve the prevention, detection, and reporting of waste, fraud, and abuse.
(2)
Recommendations for such legislative and administrative action as the Secretary determines appropriate to improve the prevention, detection, and reporting of waste, fraud, and abuse.
(3)
Such other matters the Secretary considers appropriate.
(c)
Consultation— In carrying out subsection (a), the Secretary—
(1)
shall consult with the Inspector General of the Department of Veterans Affairs and the Comptroller General of the United States on matters relating to best practices and strategies to improve detection and prevention by the Department of waste, fraud, and abuse in capital asset projects and management; and
(2)
may consult with such other persons and entities on such matters as the Secretary considers appropriate.