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S. 4744 · Senate bill · 119th Congress
This bill addresses veterans’ benefits, health care, counseling, Department of Veterans Affairs (VA) personnel, VA infrastructure, and the Veterans Community Care Program (VCCP).
(a) Authorization of appropriations.— There is authorized to be appropriated, and there is appropriated, to the Secretary of Veterans Affairs $500,000,000 for fiscal year 2026, to remain available until September 30, 2031, for deposit into the accounts of the Office of Information and Technology of the Department of Veterans Affairs for the purposes described in subsection (b).
(b) Use of funds.— Funds shall be allocated and expended only as follows:
(1) $150,000,000 for Enterprise Logistics and Supply Chain Visibility — To develop and deploy integrated, real-time enterprise-wide logistics systems, inventory visibility, pharmaceutical tracking, and medical supply chain resiliency capabilities. These systems shall support both routine veteran care operations and 4th Mission medical surge, patient movement, and emergency distribution requirements in consultation with DoD, FEMA, and other agencies.
(2) $200,000,000 for Cybersecurity and Operational Resiliency — For zero trust architecture implementation, threat detection, secure cloud hardening, endpoint protection, continuity of operations (COOP) platforms, and protection of mission-essential systems against cyber and physical disruptions. Funds shall prioritize high-risk legacy systems and medical device security.
(3) $150,000,000 for Resilient Communications and Digital Records Modernization — For interoperable, survivable communications infrastructure and targeted digitization/automation of high-volume paper-based workflows (claims, correspondence, administrative records) to reduce fraud risk and improve continuity during degraded or emergency environments. Funds shall not be used for broad Electronic Health Record Modernization expansion.
(c) Oversight and protection of sensitive information.—
(1) The Secretary may obligate and expend amounts under this section in classified, controlled, or protected environments consistent with applicable law.
(2) Not later than 90 days after the date of enactment of this Act, and annually thereafter until September 30, 2031, the Secretary shall provide to the Committees on Veterans’ Affairs of the House of Representatives and the Senate a briefing and report on—
(A) activities carried out using funds made available under this section;
(B) progress on improving cybersecurity, resiliency, continuity, logistics, communications, digitization, and mission assurance capabilities; and
(C) coordination with other Federal agencies, as appropriate. Such reports may include a classified annex.
(3) Detailed implementation plan and quarterly briefings.—
(A) Not later than 90 days after the date of enactment of this Act, the Secretary, acting through the Office of Information and Technology, shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate a comprehensive implementation plan. The plan shall include—
(i) specific milestones, deliverables, and performance metrics for each category of activities in subsection (b);
(ii) a zero trust architecture strategy with timelines and technical requirements;
(iii) a detailed expenditure plan by fiscal quarter and by activity category; and(iv) any proposed interagency or private-sector partnerships.
(B) Not later than 30 days after the end of each fiscal quarter through September 30, 2031, the Secretary shall provide the Committees a briefing and written report on—
(i) obligations and expenditures to date, by category;
(ii) progress against the implementation plan;
(iii) any deviations from the plan and corrective actions; and
(iv) updated projections for remaining funds. The initial briefing shall be in person; subsequent briefings may be virtual unless otherwise requested by the Committees. Reports may include a classified annex.
(d) Limitation.— Funds made available under this section may not be used for any purpose unrelated to information technology modernization, cybersecurity, operational resilience, logistics modernization, communications modernization, digitization, or fraud prevention activities of the Department.
(e) Supplement, not supplant.— Amounts made available under this section shall supplement and not supplant other amounts otherwise authorized to be appropriated for the Office of Information and Technology of the Department of Veterans Affairs.
(f) Rule of construction.— Nothing in this section shall be construed to require the public disclosure of classified information, controlled unclassified information, operational details, cybersecurity architecture, contingency planning information, mission-essential system design, or information otherwise protected from disclosure under Federal law or Executive Order.
(g) Reauthorization and sunset.—
(1) Reauthorization required.— The authority provided under this section to obligate or expend amounts appropriated pursuant to subsection (a) shall terminate on September 30, 2031, unless subsequently reauthorized by law.
(2) Limitation on new obligations after sunset.— Beginning on October 1, 2031, the Secretary may not initiate, award, enter into, renew, extend, or otherwise obligate funds for any new program, project, activity, contract, task order, or operational capability carried out pursuant to this section unless expressly authorized by a subsequent Act of Congress.
(3) Continuation of existing activities.— Nothing in paragraph (2) shall be construed to prohibit the Secretary from—
(A) maintaining, sustaining, securing, operating, completing, or supporting any program, project, activity, contract, system, platform, infrastructure capability, or operational activity lawfully initiated using amounts obligated before September 30, 2031; or
(B) carrying out similar information technology modernization, cybersecurity, continuity of operations, logistics modernization, communications modernization, operational resiliency, or mission assurance activities using amounts otherwise authorized and appropriated under any other provision of law.
(h) Use of existing contracting authorities.— The Secretary shall carry out the activities authorized under this section, to the maximum extent practicable, through contracts, task orders, delivery orders, interagency agreements, cooperative agreements, or other agreements entered into under existing authorities of title 38, United States Code, as applicable. Amounts made available under this section shall not be used to establish a new full-time equivalent position, hire additional employees of the Department, or otherwise increase the number of full-time equivalent employees of the Department, except to the extent the Secretary determines that such personnel are necessary for the oversight, management, cybersecurity supervision, acquisition administration, or operational integration of activities carried out under this section.
(a) Chief Financial Officer; Office of Budget.— Section 309 of title 38, United States Code, is amended to read as follows:
“309. Under Secretary for Management and Chief Financial Officer.—
(a) Under Secretary for Management and Chief Financial Officer.—
(1) The Under Secretary for Management and Chief Financial Officer shall be the principal management and financial officer of the Department.
(2) The Under Secretary shall report directly to the Secretary.
(3) The Under Secretary shall serve as the Chief Financial Officer of the Department for purposes of chapter 9 of title 31.
(4) The Under Secretary shall exercise authority, direction, and control over the Office of Budget and such other offices as may be assigned by law or by the Secretary.
(b) Duties.— The duties of the Under Secretary include the following:
(1) To advise the Secretary on financial management of the Department.
(2) To formulate, justify, execute, oversee, and certify the budget of the Department.
(3) To control, account for, audit, and report on the finances of the Department.
(4) To coordinate and assist the Chief Acquisition Officer with the life cycle of major acquisition programs of the Department.
(5) To exercise the authority and carry out the functions specified in section 902 of title 31.
(6) To ensure compliance with sections 1341, 1342, 1349, 1350, and 1511 through 1519 of title 31.
(7) To provide to Congress, or a congressional committee upon request, information regarding the budget, finances, and fiscal condition of the Department.
(8) To serve as the head of the Office of Budget of the Department.
(9) To establish and oversee Department-wide financial management policies, accounting systems, internal controls, enterprise risk management programs, strategic planning processes, and capital planning activities.
(10) To oversee infrastructure investment planning, financial systems modernization, and business transformation initiatives of the Department.
(c) Deputy Assistant Secretary.—
(1) There is in the Department a Deputy Assistant Secretary for Infrastructure and Construction.
(2) Such Deputy Assistant Secretary shall be a career appointee (as that term is defined in section 3132(a) of title 5) within the Senior Executive Service of the Department.
(d) Office of Infrastructure and Construction.— There is an Office of Infrastructure and Construction in the Department.
(e) Budget and Appropriations Affairs Office.—
(1) There is within the Office of Management a Budget and Appropriations Affairs Office (in this subsection referred to as the “BAA office”). The Undersecretary shall appoint a head of the BAA Office who shall report exclusively to the Undersecretary.
(2) The sole function of the BAA Office is to provide to Congress (or a congressional committee), accurate, timely, and certified information regarding the finances and budget of the Department.
(3) Congress or a congressional committee may submit a request for information described in paragraph (2) directly to the BAA Office.
(4) Paragraphs (2) and (3) notwithstanding, the Assistant Secretary for Congressional and Legislative Affairs may facilitate and transmit responses to requests described in paragraph (3) that are submitted to the BAA Office. Any response containing information described in paragraph (2) shall be prepared and certified by the BAA Office and may not be altered, delayed, withheld, edited, or modified by any other officer or employee of the Department prior to transmission to Congress or a congressional committee.
(5) Not more than six full-time equivalent employees, including supervisors, may be assigned to the BAA Office.
(f) Limitation on authority to appoint.— The Secretary may not establish an employee position—
(1) that performs a function substantially similar to the function of the Budget and Appropriations Affairs Office established under section 309(e); and
(2) that is not within the Office of Management.
(g) Transfer of functions.—
(1) All functions, powers, duties, authorities, responsibilities, personnel, property, records, contracts, delegations, directives, regulations, administrative actions, and unobligated balances of appropriations relating to the Chief Financial Officer of the Department immediately before the effective date of this Act are transferred to the Under Secretary for Management and Chief Financial Officer.
(2) Any delegation, determination, rule, regulation, order, permit, contract, agreement, certification, or other administrative action in effect immediately before the effective date of this Act shall continue in effect according to its terms until modified, superseded, terminated, or revoked.
(h) References.— Any reference in any law, regulation, rule, directive, delegation, contract, agreement, determination, record, or other official document of the United States to the Chief Financial Officer of the Department shall be deemed to refer to the Under Secretary for Management and Chief Financial Officer.”.
(b) Technical and conforming amendments.—
(1) The table of sections for chapter 3 of title 38, United States Code, is amended accordingly.
(2) The Secretary shall make such additional technical and conforming amendments to regulations, directives, delegations, organizational charters, manuals, and internal guidance as may be necessary to carry out this Act.
(a) Department of Veterans Affairs acquisition organization.—
(1) Definitions.— Chapter 81 of title 38, United States Code, is amended by inserting after subchapter VI the following new subchapter:
In this subchapter, the term major acquisition program means a program of the Department to acquire services, supplies, technology, systems, or a combination thereof, with an estimated total program cost, estimated by the Secretary, that exceeds—
“(1) $1,000,000,000 (adjusted pursuant to section 1908 of title 41) for the total life cycle cost of the program; or
(2) $200,000,000 (adjusted pursuant to section 1908 of title 41) annually.”.
(2) Assistant Secretary for Acquisition.— Section 308 of such title is amended—
(A) in subsection (a)(1), by striking “seven” and inserting “eight”; and
(B) in subsection (b)(10), by striking “Procurement functions” and inserting “Acquisition functions”.
(3) Acquisition organization.— Subchapter VII of chapter 81 of such title, as added by paragraph (1), is amended by adding at the end the following new section:
“8182. Acquisition organization.—
(a) Assistant Secretary for Acquisition; Chief Acquisition Officer.—
(1) The Secretary shall designate one of the Assistant Secretaries specified in subsection (a)(1) of section 308 of this title as the Assistant Secretary of Veterans Affairs for Acquisition, who shall focus solely on the administration of functions specified in subsection (b)(10) of such section.
(2) Pursuant to section 1702(a) of title 41, the Secretary shall designate the Assistant Secretary of Veterans Affairs for Acquisition as the Chief Acquisition Officer of the Department.
(b) Office of Acquisition.—
(1) There is in the Department an Office of Acquisition.
(2) The head of the Office of Acquisition shall be the Assistant Secretary of Veterans Affairs for Acquisition designated pursuant to subsection (a).
(3) The Secretary shall take such actions as may be necessary to ensure that major acquisition program offices of the Department align under the Office of Acquisition and report directly to the Assistant Secretary of Veterans Affairs for Acquisition.
(4) The budget of the Office of Acquisition, including budgets for major acquisition programs, shall be established in the budget justification materials submitted to Congress in support of the budget of the Department (as submitted with the budget of the President under section 1105(a) of title 31).
(c) Deputy Assistant Secretary for Logistics.—
(1) Pursuant to section 308(d) of this title, the Secretary shall appoint a Deputy Assistant Secretary of Veterans Affairs for Logistics, who shall report to the Assistant Secretary for Acquisition.
(2) The Deputy Assistant Secretary of Veterans Affairs for Logistics shall be responsible for administration of logistics and supply chain operations of the Department.
(d) Deputy Assistant Secretary for Procurement.—
(1) Pursuant to section 308(d) of this title, the Secretary shall appoint a Deputy Assistant Secretary of Veterans Affairs for Procurement, who shall report to the Assistant Secretary for Acquisition.
(2) The Deputy Assistant Secretary of Veterans Affairs for Procurement shall be responsible for all procurement and contracting organizations of the Department.
(e) Deputy Assistant Secretary for Acquisition, Program Management, and Performance.—
(1) Pursuant to section 308(d) of this title, the Secretary shall appoint a Deputy Assistant Secretary of Veterans Affairs for Acquisition, Program Management, and Performance, who shall report to the Assistant Secretary for Acquisition.
(2) The Deputy Assistant Secretary for Acquisition, Program Management, and Performance shall be responsible for the following:
(A) Lifecycle management.
(B) Requirements planning.
(C) Programming and budgeting.
(D) Policy.
(E) Performance standards.
(F) Governance.
(G) Enhancing the capabilities of the acquisition workforce.
(f) Program Executive Officers.—
(1) The Assistant Secretary for Acquisition shall appoint no fewer than four Program Executive Officers, each responsible for overseeing major acquisition programs in one of the following areas:
(A) Medical.
(B) Information technology.
(C) Professional services.
(D) Other areas not included in subparagraphs (A) through (C).
(2) Each Program Executive Officer shall report directly to the Assistant Secretary for Acquisition and shall supervise the managers of major acquisition programs within their respective area, as appointed under section 8183 of this title.
(3) Each Program Executive Officer shall be—
(A) certified in project management at level three by—
(i) the Department;
(ii) the Federal Acquisition Institute pursuant to section 1201 of title 41; or
(iii) the Department of Defense pursuant to section 1701a of title 10; or
(B) hold an equivalent certification by a private sector project management certification organization, as determined appropriate by the Secretary.”.
(b) Department of Veterans Affairs major acquisition program managers.— Subchapter VII of chapter 81 of title 38, United States Code, as added by subsection (a), is amended by adding at the end the following new section:
“8183. Major acquisition program managers.—
(a) Appointments.— Not later than 30 days after any date on which the Secretary approves a major acquisition program to commence, the applicable Program Executive Officer shall appoint a manager to be responsible for administering such program.
(b) Qualifications.— Each manager appointed pursuant to subsection (a) shall be—
(1) certified in project management at level three by—
(A) the Department;
(B) the Federal Acquisition Institute pursuant to section 1201 of title 41; or
(C) the Department of Defense pursuant to section 1701a of title 10; or
(2) hold an equivalent certification by a private sector project management certification organization, as determined appropriate by the Secretary.
(c) Duties.— Each manager appointed pursuant to subsection (a) for a major acquisition program shall—
(1) report to the Assistant Secretary for Acquisition through the Program Executive Officer responsible for the major acquisition program; and
(2) shall be responsible for, with respect to the major acquisition program—
(A) developing, in coordination with the Program Executive Officer, a plan to administer major acquisition program, which shall be known as the “program baseline” for the major acquisition program, that includes—
(i) a description of each acquisition phase of the major acquisition program;
(ii) for each such acquisition phase, requirements for advancing the major acquisition program to a subsequent acquisition phase; and
(iii) estimates of the cost, schedule, and performance of the major acquisition program that account for the entire life cycle of the major acquisition program;
(B) ensuring the major acquisition program is in compliance with such requirements and providing all program documentation, including program baseline documentation, cost, schedule, performance and risk assessments, and other relevant materials, to designated officials and relevant governance boards;
(C) developing resource requests and justifications necessary to satisfy such requirements; and
(D) on a continuous basis, assessing and managing risks to satisfying the requirements of such program baseline relating to cost and schedule.
(d) Program decision authority.— The Secretary shall ensure that—
(1) program decision authority for oversight of a major acquisition program is the Assistant Secretary for Acquisition; and
(2) program management offices for major acquisition programs are independent of the Veterans Benefits Administration, the Veterans Health Administration, the National Cemetery Administration, and staff offices of the Department by reporting directly to the Assistant Secretary for Acquisition.
(e) Program decision authority notification required.— Not later than 30 days after any date on which a major acquisition program concludes an acquisition phase, the manager of such program appointed pursuant to subsection (a) shall notify the program decision authority under subsection (c).”.
(c) Department of Veterans Affairs acquisition and procurement reorganization matters.—
(1) Organizational consolidation.— Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall organizationally consolidate under the Assistant Secretary of Veterans Affairs for Acquisition every activity of the Department of Veterans Affairs, including the Veterans Benefits Administration, the Veterans Health Administration, and the National Cemetery Administration, that relates to—
(A) acquisition;
(B) procurement and contracting; or
(C) logistics and supply chain.
(2) Relocation.— Paragraph (1) shall not be construed to require the physical relocation of employees of the Department.
(3) Plan and briefing.—
(A) In general.— Not later than 90 days after commencing organizational consolidation under subsection (a), the Secretary shall—
(i) submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a written plan to carry out such organizational consolidation; and
(ii) provide such committees a briefing on such plan.
(B) Contents.— The plan submitted pursuant to subparagraph (A)(i) shall include the following:
(i) A timeline.
(ii) A plan for communication and training activities for relevant Department personnel.
(iii) A plan for modification of relevant Department policy and guidance.
(iv) Such other matters as the Secretary considers relevant and appropriate.
(d) Independent verification and validation of major acquisition programs of Department of Veterans Affairs.—
(1) Contracting authority.— Not later than 120 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall seek to enter into one or more contracts using competitive procedures with one or more entities to carry out the functions described in paragraph (3).
(2) Eligibility.—
(A) In general.— An entity is not eligible to be awarded a contract under this section unless the Chief Acquisition Officer of the Department of Veterans Affairs determines, at the time of evaluation of offers submitted under paragraph (1), that the entity is currently performing or has performed, during the preceding three-year period, not fewer than three prime contracts from either governmental or commercial health care organizations for—
(i) the independent verification and validation services or equivalent services, including systems engineering and technical advisory (SETA) support of major acquisition programs; or
(ii) the independent verification and validation or systems engineering and technical advisory (SETA) support of the development or acquisition of major acquisition programs or defense systems, in accordance with guidance of the Department of Defense relating to such acquisition programs or such business systems.
(B) Past performance.— For any contract used to demonstrate eligibility under subparagraph (A), an entity must have performed the work at a satisfactory or better level as indicated by the past performance information in the Contractor Performance Assessment Reporting System, or successor system.
(C) Demonstration of lack of conflict of interest.— The Secretary shall revoke the eligibility of an entity under this subsection if an entity does not demonstrate clear and unmitigable evidence that the entity does not have a conflict of interest with respect to the effective performance of functions under paragraph (3).
(D) No mitigation plans acceptable.— The Secretary may not accept from an entity a plan to mitigate a conflict of interest in order to ameliorate any limitation or prohibition under this subsection.
(3) Functions.— The functions specified in this subsection are the following:
(A) The independent verification and validation of each major acquisition program project—
(i) when such major acquisition program is initiated, with respect to its design and the development of its requirements and acquisition;
(ii) at the conclusion of such program; and
(iii) at any other intervals during such program selected by the Chief Acquisition Officer of the Department.
(B) The independent verification and validation of other programs or projects of the Department selected by the Chief Acquisition Officer of the Department, at intervals selected by the Chief Acquisition Officer.
(4) Funding.— The Chief Financial Officer of the Department shall ensure that each organizational subdivision of the Department that enters into a contract under paragraph (1) proportionally contributes amounts to fund each such contract.
(5) Definitions.— In this section:
(A) Covered contract.— The term covered contract means any prime or subcontract with the Department, including—
(i) information technology support or software or system design, development, sustainment, or maintenance services;
(ii) professional or management consulting services; or
(iii) advisory and assistance services.
(B) Independent verification validation.— The term independent verification and validation means a comprehensive inspection, a review, analysis, and testing, or an assessment of systems, software, or hardware, as applicable, performed by an entity awarded a contract under paragraph (1)—
(i) to verify that the requirements of a program, project or system, or a development phase of such a program or project, are correctly defined; and
(ii) to validate cost, schedule, and performance baselines of current programs and measure program effectiveness.
(e) Department of Veterans Affairs cost assessment and program evaluation.—
(1) In general.— Subchapter VII of chapter 81 of title 38, United States Code, as added by subsection (a) and amended by subsection (b), is further amended by adding at the end the following new section:
“8184. Cost assessment and program evaluation.—
(a) Director of Cost Assessment and Program Evaluation.— There is in the Department a Director of Cost Assessment and Program Evaluation, who shall report directly to the Secretary.
(b) Responsibilities.— The responsibilities of the Director are as follows:
(1) To develop policies and procedures for cost estimation and analysis of major acquisition programs of the Department.
(2) To conduct independent cost estimates and analyses for major acquisition programs to support acquisition decisions, or any other acquisitions as directed by the Secretary,
(3) To provide an independent cost estimate to the Assistant Secretary for Acquisition in advance of a decision to proceed with full-scale acquisition for a major acquisition program or any other program as directed by the Director.
(4) To evaluate the effectiveness of major acquisition programs in meeting Department objectives.
(5) Not less frequently than once each year, to submit to the Secretary and the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives an annual report on cost estimation and program evaluation activities, including recommendations to improve acquisition efficiency. Such report shall include a list of all acquisitions where the independent cost estimate for a major acquisition program exceeded the budget request for the program by more than 5 percent.
(c) Support and resources.— The Chief Financial Officer of the Department shall provide to the Secretary such support and resources as may be necessary for the Secretary to ensure the effective establishment and functioning of the Director of Cost Assessment and Program Evaluation.”.
(2) Report on monitoring of operating and support costs for major acquisition programs.—
(A) Report to Secretary of Veterans Affairs.— Not later than one year after the date of the enactment of this Act, and not less frequently than once each year thereafter until December 31, 2028, the Director of Cost Assessment and Program Evaluation of the Department of Veterans Affairs shall submit to the Secretary of Veterans Affairs a report on systems and methods for tracking and assessing operating and support costs of major acquisition programs (as defined in section 8181 of title 38, United States Code, as added by subsection (a)), including recommendations for establishing cost baselines.
(B) Transmittal to Congress.— Not later than 30 days after receiving a report pursuant to subparagraph (A), the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives the report received by the Secretary.
(f) Improvements to hiring of entry-level acquisition positions in Department of Veterans Affairs.—
(1) Priority use of internship programs for hiring into entry-level positions in acquisitions.— The Secretary of Veterans Affairs shall prioritize the use of acquisition internship programs to hire employees to entry-level positions relating to acquisition in the Department of Veterans Affairs.
(2) Annual number of participants in acquisition internship programs.—
(A) In general.— Not later than September 30 of the first fiscal year beginning after the date of the enactment of this Act, the Secretary shall take such actions as may be necessary to ensure that the annual number of participants in acquisition internship programs of the Department is—
(i) not fewer than twice the number of participants in such programs during fiscal year 2025; and
(ii) not more than 4 times the number of participants in such programs during such fiscal year.
(B) Termination.— The requirements of subparagraph (A) shall terminate on the date on which the Secretary certifies to the appropriate committees of Congress that the projected number of graduates of acquisition internship programs is sufficient to satisfy the human capital needs of the Department with respect to acquisition, taking into account the rate of attrition and projected retirements of personnel.
(C) Appropriate committees of Congress defined.— In this subsection, the term appropriate committees of Congress means the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives.
(g) Independent analysis of acquisition process of Department of Veterans Affairs.—
(1) Systems engineering analysis.— Not later than one year after the date of the enactment of this Act, the Secretary of Veterans' Affairs shall enter into a memorandum of understanding with the Executive Director of the Acquisition Research Center of the Department of Defense to conduct a systems engineering analysis of the acquisition process of the Department of Veterans Affairs.
(2) Report.— Not later than one year after the date in which the Secretary enters into the memorandum of understanding required by paragraph (1), the Secretary shall submit to Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the findings of the Executive Director with respect to the analysis conducted under such subsection.
(h) Requirements development process.—
(1) In general.— Subchapter VII of chapter 81 of title 38, United States Code, as added by subsection (a) and amended by subsections (b) and (e), is further amended by adding at the end the following new section:
“8185. Requirements development process.—
(a) Establishment of process.—
(1) The Secretary shall establish a standardized requirements development process for major acquisition programs.
(2) The process established pursuant to paragraph (1) shall—
(A) define and validate mission-driven requirements for major acquisition programs exceeding $200,000,000 annually or $1,000,000,000 in lifecycle costs, in coordination with the Assistant Secretary for Acquisition;
(B) incorporate data-driven needs assessments, stakeholder input from relevant administrations, staff offices, and other elements of the Department, and alignment with statutory mandates, such as section 8121 of this title; and
(C) ensure iterative validation of requirements through independent verification and validation, as described in section 8185 of this title, to confirm cost, schedule, and performance baselines.
(b) Limitation on personnel.— The Secretary shall implement the process established pursuant to subsection (a) using staff within the Office of Acquisition and other relevant offices of the Department, as established under section 8182 of this title, without creating new positions, unless a subsequent cost-benefit analysis, validated by the Director of Cost Assessment and Program Evaluation, justifies additional resources.”.
(2) Report.— Not later than 180 days after the enactment of this Act, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report detailing the requirements process established pursuant to section 8187 of such title, as added by paragraph (1) and a plan for implementation of such process, including timelines for integration with major acquisition program baselines.
(i) Conforming amendments.— Subchapter VI of chapter 81 of title 38, United States Code, is amended—
(1) in section 8171, by striking paragraphs (5) and (6); and
(2) by striking section 8172.
(j) Clerical amendments.— The table of sections at the beginning of chapter 81 of title 38, United States Code, is amended—
(1) by striking the item relating to section 8172; and
(2) by adding at the end the following:
(a) In general.— Chapter 63 of title 38, United States Code, is amended by adding at the end the following new section:
“6321. Telephone communication.—
(a) Calls associated with Department.— Not later than one year after the date of the enactment of the Take Care of America’s Veterans Act, the Secretary shall ensure, to the extent practicable and feasible, that any call made to a veteran, beneficiary, claimant, or other relevant individual by an employee or contractor of the Department regarding services or benefits furnished by the Department—
(1) is made from a single, well-known telephone number; and
(2) uses caller identification branding that indicates to the individual that the call is from or on behalf of the Department.
(b) Call centers for health care appointments and referrals.—
(1) In general.— Not later than one year after the date of the enactment of the Take Care of America’s Veterans Act, the Secretary shall ensure that the Veterans Health Administration has at least one call center in each of the time zones specified in paragraph (3) to address concerns regarding appointments and referrals for health care under the laws administered by the Secretary.
(2) Existing efforts and call centers.— In carrying out paragraph (1), the Secretary—
(A) shall ensure coordination with existing efforts of the Department to improve call center operations; and
(B) may use existing call centers to meet the requirements of such paragraph.
(3) Time zones specified.— The time zones specified in this paragraph are the following:
(A) Eastern time.
(B) Central time.
(C) Mountain time.
(D) Pacific time.
(E) Alaska time.
(F) Hawaii time.
(4) Clarification.— The Secretary is not required to ensure that the Veterans Health Administration has a call center in any location generally within a time zone specified in paragraph (3) that does not follow daylight saving time.”.
(b) Clerical amendment.— The table of sections at the beginning of chapter 63 of such title is amended by adding at the end the following new item:
(c) Report.— Not later than 180 days after enactment, and annually for three years thereafter, the Secretary shall submit to the Committees on Veterans’ Affairs a report on implementation, including call-answer rates, abandoned-call rates, average wait times, veteran complaints, spoofing or fraud-prevention measures, and any exceptions granted.
(a) Report on emergency management roles for Department of Veterans Affairs.—
(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 Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report outlining the roles and responsibilities of all offices of the Department of Veterans Affairs involved with emergency management.
(2) Consultation.— In preparing the report required by paragraph (1), the Secretary of Veterans Affairs shall consult with the Comptroller General of the United States, the Inspector General of the Department of Veterans Affairs, the Secretary of Homeland Security, the Secretary of Defense, and such other Federal agencies as the Secretary of Veterans Affairs considers relevant, to obtain insights from their experience and trends that they have found, and such recommendations as they may have with respect to the management by the Department of Veterans Affairs of emergency management functions.
(3) Contents.— The report submitted pursuant to paragraph (1) shall include the following:
(A) A description of the organizational structure of each office, both during normal operations and during emergency or disaster operations.
(B) The roles and responsibilities of each office.
(C) A detailed description of roles and responsibilities that are shared by both the Office of Emergency Management of the Department and the Office of Operations, Security, and Preparedness of the Department, including an analysis of how each office plays a part in emergency management functions.
(D) Recommendations for improving the structure and alignment of relevant offices to better prepare the Department for emergencies, remove redundancies, and improve accountability.
(E) An analysis of the feasibility and advisability of consolidating relevant offices into one centralized emergency management office to improve communication and streamline emergency preparedness and response efforts of the Department.
(b) Plan to allow fuel sharing and increased coordination between the Federal Emergency Management Agency and the Department of Veterans Affairs.— Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall, after consulting with the Administrator of the Federal Emergency Management Agency, submit to the Committee on Veterans’ Affairs of the Senate, the Committee on Veterans’ Affairs of the House of Representatives, the Committee on Homeland Security and Government Affairs of the Senate, and the Committee on Homeland Security of the House of Representatives a report regarding—
(1) the current limitations preventing the Federal Emergency Management Agency from providing fuel or other resources to the Department of Veterans Affairs during emergencies;
(2) whether the Department requires action by Congress to allow such resource provision to occur;
(3) whether the Secretary has been unable to coordinate with the Administrator during prior emergencies or Fourth Mission activations due to a lack of authority for such coordination;
(4) whether the Secretary requires action by Congress to address any of the issues mentioned under paragraph (3); and
(5) whether the Secretary requires action by Congress to address the issue of Department employees or responders being unable to use Department-purchased fuel.
Section 7315 of title 38, United States Code, is amended, in subsection (a)—
(1) in the second sentence, by striking “and at least one representative of a national veterans service organization” and inserting “, at least one individual who represents a national veterans service organization, at least one individual who has served veterans or families of veterans in a State home, and at least one individual who holds a professional license in nursing home administration”; and
(2) by designating the first, second, and third sentences as paragraphs (1) through (3), respectively (and adjusting the margins accordingly).
(a) In general.—
(1) Electronic process.— Subsection (d) of section 3101 of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (Public Law 116–315; 38 U.S.C. 1701 note) is amended to read as follows:
“(d) Electronic process.—
(1) The Secretary shall implement an electronic process through which a scheduler of the Department, using an information technology system, may schedule an appointment for health care furnished by the Department or through the Veterans Community Care Program, under section 1703 of this title, by a non-Department health care provider.
(2) The electronic process under this subsection shall allow a scheduler, with regards to appointments described in—
(A) either clause of subparagraph (A) of subsection (a)(1), to view, search, and sort such appointments by type of care, location, and date; and
(B) clause (ii) of such subparagraph—
(i) to schedule such an appointment;
(ii) to provide referral and authorization documents directly to a non-Department provider; and
(iii) to perform any other function the Secretary determines necessary.
(3) The Secretary shall ensure that the electronic process allows a scheduler to schedule an appointment for health care furnished by the Secretary through a health care provider of the Department.
(4) The Secretary shall implement the electronic process through an existing agreement if practicable.
(5) The Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives the following regarding the electronic process:
(A) Not later than 90 days after the Secretary makes a determination under subparagraph (B)(iii) of paragraph (2), a briefing regarding the functions the Secretary has determined necessary.
(B) Not later than six months after the date of the enactment of Take Care of America’s Veterans Act, and semiannually thereafter during the following three years, a report regarding operation of the electronic process during both the semiannual period preceding the date of the report and the cumulative period since the date of the enactment of such Act. Such a report shall include the following for each such period:
(i) The number of non-Department health care providers that participated in such electronic process, disaggregated by—
(I) category of hospital care or medical services provided; and
(II) medical center of the Department;
(ii) The number of appointments scheduled pursuant to the electronic process, disaggregated by—
(I) category of hospital care or medical services provided;
(II) medical center of the Department; and
(III) month.
(iii) A comparison of the average wait time for appointments scheduled through the electronic process and through non-electronic methods, disaggregated by medical center of the Department.
(iv) The rates at which veterans cancelled appointments scheduled through the electronic process.
(v) The rates at which veterans did not appear for appointments scheduled through the electronic process.”.
(2) Implementation.—
(A) Date.— The Secretary of Veterans Affairs shall implement the electronic process under subsection (d) of section 1703H of such title, as added by this section, not later than two years after the date of the enactment of this Act.
(B) Guidelines.— Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish guidelines. Such guidelines shall include the following:
(i) Procedures for schedulers and other employees of the Department involved in the scheduling of appointments described in such section.
(ii) A directive that employees described in clause (i) use the electronic process to the extent practicable.
(iii) A directive that employees described in clause (i), when scheduling an appointment for a covered veteran (as such term is used in section 1703 of such title) for health care furnished by the Secretary, inform such covered veteran of available appointments though providers of the Department and through providers under the Veterans Community Care Program when eligible.
(iv) Procedures for engaging with non-Department health care providers in specialized cases.
(v) Standards regarding timeliness and accuracy.
(vi) Escalation protocols for scheduling failures or delays.
(C) Training.— Not later than 180 days after the date of the enactment of this Act, the Secretary shall implement a mandatory training program for employees described in subparagraph (B) regarding the guidelines under subparagraph (B).
(D) Evaluation.— Not later than 60 days after the date of the enactment of this Act, the Secretary shall prescribe performance benchmarks and outcome-based metrics for the electronic process under such section, including—
(i) time between a referral and a scheduled appointment;
(ii) patient satisfaction; and
(iii) the percentage of appointments scheduled exclusively through the electronic process.
(E) Outreach.— Not later than 90 days after the date of the enactment of this Act, the Secretary shall plan and carry out an outreach strategy to encourage non-Department of Veterans Affairs health care providers that participate in the Veterans Community Care Program to participate in the electronic process under such subsection. Such outreach shall—
(i) include contacting each such provider during such 90 days;
(ii) include seeking to enter into an agreement with each such provider under which the provider shall participate in the electronic process;
(iii) include collaborating with State hospital associations and rural health associations to promote such participation;
(iv) focus on providers in specialties or underserved areas, as determined by the Secretary; and
(v) include the publication, on a publicly accessible website of the Department, of information regarding—
(I) details of the electronic process;
(II) how a provider may elect to participate in the electronic process; and
(III) a point of contact in the Department regarding the electronic process.
(F) Oversight.— The Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives, with regards to the electronic process under such subsection, the following:
(i) Not later than 30 days after the Secretary establishes guidelines under subparagraph (B) of this paragraph, a copy of such guidelines.
(ii) Not later than 30 days after the Secretary formulates the plan under subparagraph (E) of this paragraph, a briefing on the outreach strategy under such paragraph.
(iii) Not later than 180 days after the date of the enactment of this Act, the benchmarks and metrics prescribed under subparagraph (D).
(3) Expansion.— Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a plan to integrate the scheduling of appointments for health care furnished through health care providers of the Department of Veterans Affairs into the electronic process under subsection (d) of section 1703H of such title. Such plan shall include the following elements:
(A) A timeline to implement such plan.
(B) Estimated costs to carry out such plan.
(C) Changes to policies and procedures of the Department the Secretary determines necessary to implement such plan.
(4) Codification.—
(A) In general.— Section 3101 of such Act, as amended by paragraph (1), is transferred to subchapter I of chapter 17 of title 38, United States Code, inserted after section 1703G, and redesignated as section 1703H.
(B) Conforming amendments.— Section 1703H of such title, as transferred and redesignated by this subsection, is amended—
(i) by striking any heading that is not a section heading or subsection heading and conforming the margins accordingly;
(ii) by striking “of title 38, United States Code” both places it appears and inserting “of this title”;
(iii) in subsection (b)(1), by striking “Not later than one year after the date of the enactment of this Act, the Secretary” and inserting “The Secretary”;
(iv) in subsection (c)—
(I) in paragraph (1), in the matter preceding subparagraph (A), by striking “Not later than 180 days after the date of the enactment of this Act, the Secretary” and inserting “The Secretary”; and
(II) in paragraph (2), by striking subparagraphs (A) and (B) and inserting “The Secretary shall require each medical facility of the Department to use the method or tool described in paragraph (1).”;
(v) in the section enumerator, by striking “Sec.” and inserting “§”; and
(vi) in the section heading—
(I) by striking “Process and requirements for scheduling appointments for health care from Department of Veterans Affairs and non-Department health care.” and inserting “Scheduling of appointments”; and
(II) by conforming the typeface and typestyle, including capitalization, to the typeface and typestyle used in the section heading of section 1703G of such title.
(C) Table of sections.— The table of sections at the beginning of such chapter is amended by inserting, after the item relating to section 1703G, the following new item: