US Codex
Pub. L.
Notes

Title VII — Resourcing

117th Congress · Approved Aug 10, 2022 · 136 Stat. 1759

TITLE VII Resourcing

SEC. 701. Authority to Use Appropriations to Enhance Claims Processing Capacity and Automation.

(a)
Authority.— The Secretary of Veterans Affairs may use, from amounts appropriated to the Cost of War Toxic Exposures Fund established by section 324 of title 38, United States Code, as added by section 805 of this Act, such amounts as may be necessary to continue the modernization, development, and expansion of capabilities and capacity of information technology systems and infrastructure of the Veterans Benefits Administration, including for claims automation, to support expected increased claims processing for newly eligible veterans pursuant to this Act.
(b)
Plan for Modernization of Veterans Benefits Administration Information Technology Systems.—
(1)
In general.— Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the appropriate congressional committees a plan for the modernization of the information technology systems of the Veterans Benefits Administration. The plan shall cover the first fiscal year that begins after the date of the enactment of this Act and the subsequent four fiscal years and shall include each of the following:
(A)
An identification of any information system to be modernized or retired, if applicable, during the period covered by the plan.
(B)
A description of how the Secretary intends to incorporate the following principles into the modernization of such information systems:
(i)
The purpose of automation should be to increase the speed and accuracy of claims processing decisions.
(ii)
Automation should be conducted in a manner that enhances the productivity of employees of the Department of Veterans Affairs.
(iii)
Automation should be carried out in a manner that achieves greater consistency in the processing and rating of claims by relying on patterns of similar evidence in claim files.
(iv)
To the greatest extent possible, automation should be carried out by drawing from information in the possession of the Department, other Government agencies, and applicants for benefits.
(v)
Automation of any claims analysis or determination process should not be end-to-end or lack intermediation.
(vi)
Employees of the Department should continue to make decisions with respect to the approval of claims and the granting of benefits.
(vii)
Automation should not be carried out in a manner that reduces or infringes upon the due process rights of applicants for benefits under the laws administered by the Secretary; or the duties of the Secretary to assist and notify claimants.
(viii)
Automation should be carried out while taking all necessary measures to protect the privacy of claimants and their personally identifiable information.
(ix)
Automation of claims processing should not eliminate or reduce the workforce of the Veterans Benefits Administration.
(C)
An identification of targets, for each fiscal year, by which the Secretary intends to complete the modernization of each information system or major component or functionality of such system identified under subparagraph (A).
(D)
Cost estimates for the modernization of each information system identified under paragraph (A) for each fiscal year covered by the plan and in total.
(2)
Appropriate congressional committees.— In this section, the term “appropriate congressional committees” means—
(A)
the Committee on Veterans’ Affairs and the Subcommittee on Military Construction, Veterans Affairs, and Related Agencies of the Committee on Appropriations of the Senate; and
(B)
the Committee on Veterans’ Affairs and the Subcommittee on Military Construction, Veterans Affairs, and Related Agencies of the Committee on Appropriations of the House of Representatives.

SEC. 702. Authorization of Major Medical Facility Leases of Department of Veterans Affairs for Fiscal Year 2023.

(a)
In General.— The Secretary of Veterans Affairs may carry out the following major medical facility leases in fiscal year 2023:
(1)
Lease for an outpatient clinic in the vicinity of Allentown, Pennsylvania, in an estimated amount of $31,832,000.
(2)
Lease for a facility for member services for the Veterans Health Administration in the vicinity of Atlanta, Georgia, in an estimated amount of $27,134,000.
(3)
Lease for an outpatient clinic in the vicinity of Baltimore, Maryland, in an estimated amount of $43,041,000.
(4)
Lease for an outpatient clinic in the vicinity of Baton Rouge, Louisiana, in an estimated amount of $29,550,000.
(5)
Lease for an outpatient clinic in the vicinity of Beaufort, South Carolina, in an estimated amount of $24,254,000.
(6)
Lease for an outpatient clinic in the vicinity of Beaumont, Texas, in an estimated amount of $15,632,000.
(7)
Lease for an outpatient clinic in the vicinity of Brainerd, Minnesota, in an estimated amount of $14,669,000.
(8)
Lease for a facility for research in the vicinity of Buffalo, New York, in an estimated amount of $11,106,000.
(9)
Lease for an outpatient clinic in the vicinity of Clarksville, Tennessee, in an estimated amount of $75,135,000.
(10)
Lease of a facility for research in the vicinity of Columbia, Missouri, in an estimated amount of $20,726,000.
(11)
Lease for an outpatient clinic in the vicinity of Cookeville, Tennessee, in an estimated amount of $10,958,000.
(12)
Lease for a residential treatment facility in the vicinity of Denver, Colorado, in an estimated amount of $9,133,000.
(13)
Lease for an outpatient clinic in the vicinity of Elizabethtown, Kentucky, in an estimated amount of $16,671,000.
(14)
Lease for an outpatient clinic in the vicinity of Farmington, Missouri, in an estimated amount of $17,940,000.
(15)
Lease for an outpatient clinic in the vicinity of Hampton, Virginia, in an estimated amount of $63,085,000.
(16)
Lease for an outpatient clinic in the vicinity of Jacksonville, North Carolina, in an estimated amount of $61,450,000.
(17)
Lease for an outpatient clinic in the vicinity of Killeen, Texas, in an estimated amount of $61,030,000.
(18)
Lease for an outpatient clinic in the vicinity of Lawrence, Indiana, in an estimated amount of $15,811,000.
(19)
Lease for an outpatient clinic in the vicinity of Lecanto, Florida, in an estimated amount of $15,373,000.
(20)
Lease for an outpatient clinic in the vicinity of Nashville, Tennessee, in an estimated amount of $58,038,000.
(21)
Lease for an outpatient clinic in the vicinity of North Kansas City, Missouri, in an estimated amount of $40,027,000.
(22)
Lease for an outpatient clinic in the vicinity of Pflugerville, Texas, in an estimated amount of $16,654,000.
(23)
Lease for an outpatient clinic in the vicinity of Plano, Texas, in an estimated amount of $32,796,000.
(24)
Lease for an outpatient clinic in the vicinity of Prince George’s County, Maryland, in an estimated amount of $31,754,000.
(25)
Lease for an outpatient clinic in the vicinity of Rolla, Missouri, in an estimated amount of $21,352,000.
(26)
Lease for an outpatient clinic in the vicinity of Salt Lake City, Utah, in an estimated amount of $29,466,000.
(27)
Lease for an outpatient clinic in the vicinity of Sarasota, Florida, in an estimated amount of $36,517,000.
(28)
Lease for an outpatient clinic in the vicinity of Springfield, Massachusetts, in an estimated amount of $30,918,000.
(29)
Lease for a community living center in the vicinity of Tampa, Florida, in an estimated amount of $51,682,000.
(30)
Lease for an outpatient clinic in the vicinity of The Villages, Florida, in an estimated amount of $48,267,000.
(31)
Lease for an outpatient clinic in the vicinity of Tri-Cities, Washington, in an estimated amount of $36,136,000.
(b)
Treatment of Authorizations.— The authorization of leases under subsection (a) shall be considered to be a specific authorization by law of the funds for such leases for purposes of section 8104(a)(2) of title 38, United States Code, as in effect on the day before the date of the enactment of this Act.
(c)
Authorization of Appropriations.— There is authorized to be appropriated to the Secretary of Veterans Affairs for fiscal year 2023, or the year in which funds are appropriated for the Medical Facilities account, $998,137,000 for the leases authorized in subsection (a).

SEC. 703. Treatment of Major Medical Facility Leases of the Department of Veterans Affairs.

(a)
Congressional Approval of Major Medical Facility Leases.— Paragraph (2) of subsection (a) of section 8104 of title 38, United States Code, is amended—
(1)
by striking “ No funds” and inserting “ (A) No funds”;
(2)
by striking “ or any major medical facility lease”;
(3)
by striking “ or lease”; and
(4)
by adding at the end the following new subparagraph:

“(B) No funds may be appropriated for any fiscal year, and the Secretary may not obligate or expend funds (other than for advance planning and design), for any major medical facility lease unless the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives each adopt a resolution approving the lease.”

(b)
Modification of Definition of Major Medical Facility Lease.— Subparagraph (B) of paragraph (3) of such subsection is amended to read as follows:

“(B) The term ‘major medical facility lease’—

“(i) means a lease for space for use as a new medical facility approved through the General Services Administration under section 3307(a) of title 40 at an average annual rent equal to or greater than the appropriate dollar threshold described in such section, which shall be subject to annual adjustment in accordance with section 3307(h) of such title; and

“(ii) does not include a lease for space for use as a shared Federal medical facility for which the Department’s estimated share of the lease costs does not exceed such dollar threshold.”

(c)
Separate Prospectus Requirement for Major Medical Facility Leases.— Subsection (b) of such section is amended—
(1)
by striking paragraph (7);
(2)
in paragraph (1), by redesignating subparagraphs (A) through (E) as clauses (i) through (v), respectively;
(3)
in paragraph (6), by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively;
(4)
by redesignating paragraphs (1) through (6) as subparagraphs (A) through (F), respectively;
(5)
in the matter preceding subparagraph (A), as redesignated by paragraph (4)—
(A)
by striking “ Whenever the President” and inserting “ (1) Whenever the President”;
(B)
by striking “ the Congress” and inserting “ Congress”; and
(C)
by striking “ or a major medical facility lease (as defined in subsection (a)(3)(b))”;
(6)
in subparagraph (A), as redesignated by paragraph (4), by striking “ leased,”;
(7)
in subparagraph (E), as redesignated by paragraph (4)—
(A)
by striking “ or lease” each place it appears; and
(B)
by striking “ or leases”; and
(8)
by adding at the end the following new paragraph:

“(2) Whenever the President or the Secretary submit to Congress a request for the funding of a major medical facility lease (as defined in subsection (a)(3)(B)), the Secretary shall submit to each committee, on the same day, a prospectus of the proposed medical facility. Any such prospectus shall include the following:

“(A) A description of the facility to be leased.

“(B) An estimate of the cost to the Federal Government of the facility to be leased.

“(C) An estimate of the energy performance of the proposed lease space, to include a description of anticipated utilization of renewable energy, energy efficient and climate resilient elements, and related matters.

“(D) Current and projected workload and utilization data regarding the facility to be leased, including information on projected changes in workload and utilization over a five-year period, a ten-year period, and a twenty-year period.

“(E) A detailed analysis of how the lease is expected to comply with Office of Management and Budget Circular A–11 and section 1341 of title 31 (commonly referred to as the ‘Anti-Deficiency Act’). Any such analysis shall include—

“(i) an analysis of the classification of the lease as a ‘lease purchase’, a ‘capital lease’, or an ‘operating lease’ as those terms are defined in Office of Management and Budget Circular A–11;

“(ii) an analysis of the obligation of budgetary resources associated with the lease; and

“(iii) an analysis of the methodology used in determining the asset cost, fair market value, and cancellation costs of the lease.”

(d)
Interim Leasing Actions.— Such section is further amended by adding at the end the following new subsection:

“(i)

(1) Notwithstanding subsection (a)(2)(B), the Secretary may carry out interim leasing actions as the Secretary considers necessary for the following leases:

“(A) Major medical facility leases (as defined in subsection (a)(3)(B)) approved pursuant to this section and for which a prospectus for a replacement lease has been submitted to Congress pursuant to subsection (b)(2).

“(B) Replacement leases that do not require approval under this section and for which a prospectus has been submitted to Congress pursuant to subsection (b)(2).

“(2) In this subsection, the term ‘interim leasing actions’ has the meaning given that term by the Administrator of the General Services Administration.”

(e)
Purchase Options.— Such section is further amended by adding at the end the following new subsection:

“(j) The Secretary may obligate and expend funds to exercise a purchase option included in any major medical facility lease (as defined in subsection (a)(3)(B)).”

(f)
Applicability.— The amendments made by this section shall apply with respect to any lease that has not been specifically authorized by law on or before the date of the enactment of this Act.

SEC. 704. Authority to Enter into Agreements with Academic Affiliates and Other Entities to Acquire Space for the Purpose of Providing Health-Care Resources to Veterans.

Section 8103 of title 38, United States Code, is amended by adding at the end the following new subsection:

“(h)

(1) Notwithstanding any other provision of law requiring the use of competitive procedures, including section 2304 of title 10, when the Secretary determines it to be in the best interest of the Department, the Secretary may enter into a lease with an academic affiliate or covered entity to acquire space for the purpose of providing health-care resources to veterans.

“(2) In this subsection:

“(A) The term ‘academic affiliate’ means an institution or organization described in section 7302(d) of this title.

“(B) The term ‘covered entity’ means a unit or subdivision of a State, local, or municipal government, public or nonprofit agency, institution, or organization, or other institution or organization as the Secretary considers appropriate that owns property controlled by an academic affiliate to be leased under this subsection.

“(C) The term ‘health -care resource’ has the meaning given that term in section 8152(1) of this title.

“(D) The term ‘space’ means any room, unit, floor, wing, building, parking facility, or other subdivision of a building or facility owned or controlled by an academic affiliate.”

SEC. 705. Modifications to Enhanced-Use Lease Authority of Department of Veterans Affairs.

(a)
Modifications to Authority.— Paragraph (2) of section 8162(a) of title 38, United States Code, is amended to read as follows:

“(2)

(A) The Secretary may enter into an enhanced-use lease on or after the date of the enactment of this paragraph only if the Secretary determines—

“(i) that the lease will not be inconsistent with, and will not adversely affect—

“(I) the mission of the Department; or

“(II) the operation of facilities, programs, and services of the Department in the area of the leased property; and

“(ii) that—

“(I) the lease will enhance the use of the leased property by directly or indirectly benefitting veterans; or

“(II) the leased property will provide supportive housing.

“(B) The Secretary shall give priority to enhanced-use leases that, on the leased property—

“(i) provide supportive housing for veterans;

“(ii) provide direct services or benefits targeted to veterans; or

“(iii) provide services or benefits that indirectly support veterans.”

(b)
Extension of Maximum Term of Enhanced-use Lease.— Section 8162(b)(2) of such title is amended by striking “ 75 years” and inserting “ 99 years”.
(c)
Modification of Use of Proceeds.— Section 8165(a)(1) of such title is amended by striking “ shall be deposited in the Department of Veterans Affairs Medical Care Collections Fund established under section 1729A of this title.” and inserting

“(A) the Department of Veterans Affairs Medical Care Collections Fund established under section 1729A of this title; or

“(B) the Medical Facilities or Construction, Minor Projects account of the Department to be used to defray the costs of administration, maintenance, repair, and related expenses incurred by the Department with respect to property that is owned by or under the jurisdiction or control of the Department.”

(d)
Repeal of Sunset.— Section 8169 of such title is repealed.
(e)
Appropriation.— In addition to amounts otherwise available, there is appropriated for fiscal year 2022, out of any funds in the Treasury not otherwise appropriated, $922,000,000 for an additional amount for the Department of Veterans Affairs, to remain available until expended, to enter into enhanced-use leases pursuant to section 8162 of title 38, United States Code, as amended by this section.

SEC. 706. Authority for Joint Leasing Actions of Department of Defense and Department of Veterans Affairs.

(a)
Department of Defense.— Section 1104A of title 10, United States Code, is amended—
(1)
by inserting “ , or the leasing,” after “ design, and construction” each place it appears; and
(2)
in subsection (c)(2), by inserting “ , or the leasing,” after “ design”.
(b)
Department of Veterans Affairs.— Section 8111B of title 38, United States Code, is amended—
(1)
in subsection (a), by inserting “ , or the leasing,” after “ design, and construction”;
(2)
in subsection (b), by adding at the end the following new paragraph:

“(3) The Secretary of Veterans Affairs may transfer to the Department of Defense amounts appropriated to the ‘Medical Facilities’ account of the Department of Veterans Affairs for the purpose of leasing space for a shared medical facility if the estimated share of the Department of Veterans Affairs for the lease costs does not exceed the amount specified in section 8104(a)(3)(B) of this title.”

; and

(3)
in subsection (c), by adding at the end the following new paragraph:

“(3) Any amount transferred to the Secretary of Veterans Affairs by the Secretary of Defense for the purpose of leasing space for a shared medical facility may be credited to the ‘Medical Facilities’ account of the Department of Veterans Affairs and may be used for such purpose.”

SEC. 707. Appropriation of Amounts for Major Medical Facility Leases.

(a)
Fiscal Year 2023.— In addition to amounts otherwise available, there is appropriated for fiscal year 2023, out of any funds in the Treasury not otherwise appropriated, $1,880,000,000 for an additional amount for the Medical Facilities account of the Department of Veterans Affairs, to remain available until expended, for major medical facility leases authorized by section 702.
(b)
Additional Years.— In addition to amounts otherwise available, there is appropriated, out of any funds in the Treasury not otherwise appropriated, for an additional amount for the Medical Facilities account of the Department of Veterans Affairs, to remain available until expended, for major medical facility leases authorized by section 702 or approved pursuant to subchapter I of chapter 81 of title 38, United States Code, as amended by section 703—
(1)
$100,000,000 for fiscal year 2024;
(2)
$200,000,000 for fiscal year 2025;
(3)
$400,000,000 for fiscal year 2026;
(4)
$450,000,000 for fiscal year 2027;
(5)
$600,000,000 for fiscal year 2028;
(6)
$610,000,000 for fiscal year 2029;
(7)
$620,000,000 for fiscal year 2030; and
(8)
$650,000,000 for fiscal year 2031.