Sec. 403. Commission on Capital Planning for Department of Veterans Affairs Medical Facilities
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There is established the Commission on Capital Planning for Department of Veterans Affairs Medical Facilities (in this section referred to as the Commission ). The Commission shall, subject to subparagraph (B), be composed of 10 voting members as follows: 1 shall be appointed by the President. 1 shall be appointed by the Administrator of General Services. 3 shall be appointed by the Secretary of Veterans Affairs, of whom— 1 shall be an employee of the Veterans Health Administration; 1 shall be an employee of the Office of Asset Enterprise Management of the Department of Veterans Affairs; and 1 shall be an employee of the Office of Construction and Facilities Management of the Department of Veterans Affairs. 1 shall be appointed by the Secretary of Defense from among employees of the Army Corps of Engineers. 1 shall be appointed by the majority leader of the Senate. 1 shall be appointed by the minority leader of the Senate. 1 shall be appointed by the Speaker of the House of Representatives. 1 shall be appointed by the minority leader of the House of Representatives.
Of the members appointed pursuant to clause (i), (ii), and
(iv)through
(viii)of subparagraph (A), all shall have expertise in capital leasing, construction, or health facility management planning. The Commission shall be assisted by 10 non-voting members, appointed by the vote of a majority of members of the Commission under subparagraph (A), of whom— 6 shall be representatives of veterans service organizations recognized by the Secretary of Veterans Affairs; and 4 shall be individuals from outside the Department of Veterans Affairs with experience and expertise in matters relating to management, construction, and leasing of capital assets. The appointments of the members of the Commission under subparagraph
(A)shall be made not later than 60 days after the date of the enactment of this Act. Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. Not later than 15 days after the date on which 7 members of the Commission have been appointed, the Commission shall hold its first meeting. The Commission shall meet at the call of the Chair. A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. The Commission shall select a Chair and Vice Chair from among its members. The Commission shall undertake a comprehensive evaluation and assessment of various options for capital planning for Department of Veterans Affairs medical facilities, including an evaluation and assessment of the mechanisms by which the Department currently selects means for the delivery of health care, whether by major construction, major medical facility leases, sharing agreements with the Department of Defense, the Indian Health Service, and Federally Qualified Health Clinics under section 330 of the Public Health Service Act ( 42 U.S.C. 254b ), contract care, multisite care, telemedicine, extended hours for care, or other means. In undertaking the evaluation and assessment, the Commission shall consider— the importance of access to health care through the Department, including associated guidelines of the Department on access to, and drive time for, health care; limitations and requirements applicable to the construction and leasing of medical facilities for the Department, including applicable laws, regulations, and costs as determined by both the Congressional Budget Office and the Office of Management and Budget; the nature of capital planning for Department medical facilities in an era of fiscal uncertainty; projected future fluctuations in the population of veterans; and the extent to which the Department was able to meet the mandates of the Capital Asset Realignment for Enhanced Services Commission. In undertaking the evaluation and assessment, the Commission shall address, in particular, the following: The Major Medical Facility Lease Program of the Department, including an identification of potential improvements to the lease authorization processes under that Program. The management processes of the Department for its Major Medical Facility Construction Program, including processes relating to contract award and management, project management, and processing of change orders. The overall capital planning program of the Department for medical facilities, including an evaluation and assessment of— the manner in which the Department determines whether to use capital or non-capital means to expand access to health care; the manner in which the Department determines the disposition of under-utilized and un-utilized buildings on campuses of Department medical centers, and any barriers to disposition; the effectiveness of the facility master planning initiative of the Department; and the extent to which sustainable attributes are planned for to decrease operating costs for Department medical facilities. The current backlog of construction projects for Department medical facilities, including an identification of the most effective means to quickly secure the most critical repairs required, including repairs relating to facility condition deficiencies, structural safety, and compliance with the Americans With Disabilities Act of 1990. Subject to paragraph (5), the Commission shall submit to the Secretary of Veterans Affairs, and to the Committee Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives, reports as follows: Not later than six months after its initial meeting under subsection (a)(4), a report on the Major Medical Facility Lease Program and the Congressional lease authorization process. Not later than one year after its initial meeting, a report— on the management processes of the Department for the construction of Department medical facilities; and setting forth an update of any matters covered in the report under subparagraph (A). Not later than 18 months after its initial meeting, a report— on the overall capital planning program of the Department for medical facilities; and setting forth an update of any matters covered in earlier reports under this paragraph. Not later than two years after its initial meeting, a report— on the current backlog of construction projects for Department medical facilities; setting forth an update of any matters covered in earlier reports under this paragraph; and including such other matters relating to the duties of the Commission that the Commission considers appropriate. Not later than 27 months after its initial meeting, a report on the implementation by the Secretary of Veterans Affairs pursuant to subsection
(g)of the recommendations included pursuant to paragraph
(5)in the reports under this paragraph. Each report under paragraph
(4)shall include, for the aspect of the capital asset planning process of the Department covered by such report, such recommendations as the Commission considers appropriate for the improvement and enhancement of such aspect of the capital asset planning process. The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this section. The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this section. Upon request of the Chair of the Commission, the head of such department or agency shall furnish such information to the Commission. Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. The Chair of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. The Chair of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. The Chair of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. The Commission shall terminate 60 days after the date on which the Commission submits its report under subsection (b)(4)(E). The Secretary of Veterans Affairs shall make available to the Commission such amounts as the Secretary and the Chair of the Commission jointly consider appropriate for the Commission to perform its duties under this section. The Secretary of Veterans Affairs shall implement each recommendation included in a report under subsection (b)(4) that the Secretary considers feasible and advisable and can be implemented without further legislative action. Not later than 120 days after receipt of a report under subparagraphs
(A)through
(D)of subsection (b)(4), the Secretary shall submit to the Committee Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report setting forth the following: An assessment of the feasibility and advisability of each recommendation contained in such report. For each recommendation assessed as feasible and advisable— if such recommendation does not require further legislative action for implementation, a description of the actions taken, and to be taken, by the Secretary to implement such recommendation; and if such recommendation requires further legislative action for implementation, recommendations for such legislative action.
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Sec. 403
Commission on Capital Planning for Department of Veterans Affairs Medical Facilities
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