VA Contracting and Procurement Act

This Act may be cited as the VA Contracting and Procurement Act.

Section 513 of title 38, United States Code, is amended—

(1) by inserting (a) In general.— before The Secretary; and

(2) by adding at the end the following new subsection:

(1) Subject to paragraph (2), the Secretary may not obligate or expend more than $50,000,000 for any contract or agreement under this section unless funds for such agreement have been specifically authorized by law.

(2) The limitation under paragraph (1) shall not apply during—

(A) a war declared by Congress;

(B) a case described in section 4(a)(1) of the War Powers Resolution (Public Law 93–148; 50 U.S.C. 1543(a)(1));

(C) a national emergency declared by the President under the National Emergencies Act (Public Law 94–412; 50 U.S.C. 1601 et seq.);

(D) a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) if—

(i) such agreement is to be carried out in a State affected by such major disaster; and

(ii) a medical facility of the Department is affected by such major disaster; or

(E) a public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d).

(2) .

Section 1703 of title 38, United States Code, is amended—

(1) by redesignating subsection (q) as subsection (r); and

(2) by inserting after subsection (p) the following new subsection (q):

(1) Subject to paragraph (2), the Secretary may not obligate or expend more than $50,000,000 for any agreement under this section unless funds for such agreement have been specifically authorized by law.

(2) The limitation under paragraph (1) shall not apply during—

(A) a war declared by Congress;

(B) a case described in section 4(a)(1) of the War Powers Resolution (Public Law 93–148; 50 U.S.C. 1543(a)(1));

(C) a national emergency declared by the President under the National Emergencies Act (Public Law 94–412; 50 U.S.C. 1601 et seq.);

(D) a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) if—

(i) such agreement is to be carried out in a State affected by such major disaster; and

(ii) a medical facility of the Department is affected by such major disaster; or

(E) a public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d).

(2) .

Section 1721 of title 38, United States Code, is amended—

(1) in the section heading, by adding and to enter into agreements after regulations (and conforming the table of sections at the beginning of such chapter accordingly);

(2) by inserting (a) Rules and regulations.— before Rules and regulations; and

(3) by adding at the end the following new subsection:

(1) The Secretary may enter into an agreement (including an agreement regarding information technology) to administer the furnishing of care described in subsection (a).

(2) Subject to paragraph (2), the Secretary may not obligate or expend more than $50,000,000 for any agreement under this section unless funds for such agreement have been specifically authorized by law.

(3) The limitation under paragraph (2) shall not apply during—

(A) a war declared by Congress;

(B) a case described in section 4(a)(1) of the War Powers Resolution (Public Law 93–148; 50 U.S.C. 1543(a)(1));

(C) a national emergency declared by the President under the National Emergencies Act (Public Law 94–412; 50 U.S.C. 1601 et seq.);

(D) a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) if—

(i) such agreement is to be carried out in a State affected by such major disaster; and

(ii) a medical facility of the Department is affected by such major disaster; or

(E) a public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d).

(3) .

Subchapter III of chapter 36 of title 38, United States Code, is amended by inserting after section 3698A the following new section (and conforming the table of sections at the beginning of such chapter accordingly):

The Secretary may not obligate or expend more than $50,000,000 for any agreement under this chapter unless—

(1) funds for such agreement have been specifically authorized by law; or

(A) the Secretary has submitted a notification described in subsection (b) regarding such agreement;

(B) 30 legislative days have elapsed after the date of such submission; and

(C) Congress has not enacted a joint resolution described in subsection (c) regarding such agreement.

(1) A notification described in this subsection is a notification—

(A) submitted by the Secretary to the Committees on Veterans’ Affairs of the Senate and the House of Representatives; and

(B) that describes a proposed agreement subject to the limitation under subsection (a).

(2) A notification under this subsection shall include the following with respect to such proposed agreement:

(A) The purpose.

(B) The scope.

(C) The estimated total cost.

(D) The anticipated period of performance.

A joint resolution of disapproval described in this subsection is a joint resolution—

(1) introduced not later than 10 legislative days after receipt of a notification under subsection (b);

(2) the matter after the resolving clause of which is as follows: That Congress disapproves the proposed agreement described by the Secretary of Veterans Affairs in the notification submitted under section 3698B of title 38, United States Code, on ____________________., the blank space being filled with the appropriate date; and

(3) considered pursuant to the expedited procedures in subsections (d), (f), and (g) of section 802 of title 5.

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Chapter 53 of title 38, United States Code, is amended by adding at the end the following new section (and conforming the table of sections at the beginning of such chapter accordingly):

Subject to subsection (b), the Secretary may not obligate or expend more than $50,000,000 for any agreement under this chapter unless funds for such agreement have been specifically authorized by law.

The limitation under subsection (a) shall not apply during—

(1) a war declared by Congress;

(2) a case described in section 4(a)(1) of the War Powers Resolution (Public Law 93–148; 50 U.S.C. 1543(a)(1));

(3) a national emergency declared by the President under the National Emergencies Act (Public Law 94–412; 50 U.S.C. 1601 et seq.);

(4) a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) if—

(A) such agreement is to be carried out in a State affected by such major disaster; and

(B) a medical facility of the Department is affected by such major disaster; or

(5) a public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d).

.

Section 8127 of title 38, United States Code, is amended—

(1) in subsection (c), by striking subsection (a) or (b) and inserting subsection (a), (b), or (c);

(2) in subsection (d), by adding at the end the following new paragraph:

(4) The term domestic preference statute has the meaning given such term in section 70923(f) of the Infrastructure Investment and Jobs Act (Public Law 117–58; 41 U.S.C. 8301 note).

(2) ;

(3) by redesignating subsections (c) and (d), as amended, as subsections (d) and (e), respectively; and

(4) by inserting after subsection (b) the following new subsection (c):

(1) The Secretary shall procure a health-care item for an All-Hazards Emergency Cache of the Department in compliance with the domestic preference statutes.

(2) The limitation under paragraph (1) shall not apply if, during an emergency, the Secretary determines that procurement in compliance with the domestic preference statutes would threaten the health or safety of veterans.

(3) Not later than 30 days after procuring a health-care item pursuant to paragraph (2), the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a written notice. Such notice shall include—

(A) an identification of the emergency;

(B) an identification of the health-care item procured;

(C) an estimate of the cost of such procurement; and

(D) an explanation why the Secretary could not procure the health-care item in compliance with the domestic preference statutes.

(4) Not later than November 1 of each year, the Secretary shall certify to the Committees on Veterans’ Affairs of the Senate and House of Representatives whether the Secretary complied with the limitation under paragraph (1) during the fiscal year that ended most recently.

(4) .

Section 8127 of title 38, United States Code, is amended—

(1) by redesignating subsection (m) as subsection (n); and

(2) by inserting after subsection (l) the following new subsection (m):

(1) Subject to paragraph (2), the Secretary may not obligate or expend more than $50,000,000 for any agreement under this section unless funds for such agreement have been specifically authorized by law.

(2) The limitation under paragraph (1) shall not apply during—

(A) a war declared by Congress;

(B) a case described in section 4(a)(1) of the War Powers Resolution (Public Law 93–148; 50 U.S.C. 1543(a)(1));

(C) a national emergency declared by the President under the National Emergencies Act (Public Law 94–412; 50 U.S.C. 1601 et seq.);

(D) a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) if—

(i) such agreement is to be carried out in a State affected by such major disaster; and

(ii) a medical facility of the Department is affected by such major disaster; or

(E) a public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d).

(2) .

Section 8153 of title 38, United States Code, is amended by adding at the end the following new subsection:

(1) Subject to paragraph (2), the Secretary may not obligate or expend more than $50,000,000 for any agreement under this section unless funds for such agreement have been specifically authorized by law.

(2) The limitation under paragraph (1) shall not apply during—

(A) a war declared by Congress;

(B) a case described in section 4(a)(1) of the War Powers Resolution (Public Law 93–148; 50 U.S.C. 1543(a)(1));

(C) a national emergency declared by the President under the National Emergencies Act (Public Law 94–412; 50 U.S.C. 1601 et seq.);

(D) a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) if—

(i) such agreement is to be carried out in a State affected by such major disaster; and

(ii) a medical facility of the Department is affected by such major disaster; or

(E) a public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d).

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Section 8123 of title 38, United States Code, is amended to read as follows (and the table of sections at the beginning of chapter 81 of such title is amended accordingly):

The Secretary may procure prosthetic appliances and surgical implants by purchase, manufacture, contract, or in such other manner that the Secretary determines to be proper.

(1) The Secretary shall maintain a catalog of prosthetic appliances and surgical implants that the Secretary procures by purchase or contract.

(2) The Secretary shall coordinate with the Secretary of Defense to ensure that such catalog requires the same data regarding a prosthetic appliance or surgical implant that is required by the Defense Health Agency.

(3) The Secretary shall implement a process by which a manufacturer of a prosthetic appliance or surgical implant may propose to the Secretary a proposed revision to such catalog (including with regards to form, size, generation, or model)—

(A) by standardized and electronic means;

(B) that minimizes the documentation required by such a manufacturer.

The Secretary shall procure all surgical implants used in a medical procedure through—

(1) a firm-fixed price single purchase order submitted and processed through the Prosthetic and Sensory Aids Service of the Department;

(2) in accordance with the Federal Acquisition Regulation; and

(3) a process that—

(A) eliminates duplicative billing; and

(B) allows the Secretary to correct errors in real time.

In this section:

(1) The term Federal Acquisition Regulation means the Federal Acquisition Regulation issued pursuant to section 1303(a)(1) of title 41.

(2) The term firm-fixed price has the meaning given such term in the Federal Acquisition Regulation.

(3) The term prosthetic appliance includes any service or product required in the fitting, supplying, training, or use of a prosthetic appliance.

(4) The term surgical implant includes any item used in a surgery regarding a surgical implant, including an implantable device, a screw, guidewire, or surgical tool.

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The Secretary of Veterans Affairs shall implement—

(1) subsection (c) of such section, as added by this section, not later than one year after the date of the enactment of this Act; and

(2) subsection (b) of such section, as added by this section, not later than three years after the date of the enactment of this Act. Until the Secretary implements such subsection, the Secretary shall accept a proposed revision described in such subsection during at least two periods, prescribed by the Secretary, per year.