[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1681 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 1681

 To extend the authorization for the major medical facility project to 
 replace the Department of Veterans Affairs Medical Center in Denver, 
Colorado, to direct the Secretary of Veterans Affairs to enter into an 
 agreement with the Army Corps of Engineers to manage the construction 
 of such project, to transfer the authority to carry out future major 
 medical facility projects of the Department from the Secretary to the 
            Army Corps of Engineers, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 26, 2015

 Mr. Coffman introduced the following bill; which was referred to the 
                     Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
 To extend the authorization for the major medical facility project to 
 replace the Department of Veterans Affairs Medical Center in Denver, 
Colorado, to direct the Secretary of Veterans Affairs to enter into an 
 agreement with the Army Corps of Engineers to manage the construction 
 of such project, to transfer the authority to carry out future major 
 medical facility projects of the Department from the Secretary to the 
            Army Corps of Engineers, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``VA Construction, Accountability, and 
Reform Act''.

SEC. 2. EXTENSION OF AUTHORIZATION OF MAJOR MEDICAL FACILITY PROJECT TO 
              REPLACE DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER IN 
              DENVER, COLORADO.

    The Secretary of Veterans Affairs may carry out the major medical 
facility project to replace the Department of Veterans Affairs Medical 
Center in Denver, Colorado, in an amount not to exceed a total of 
$1,730,000,000.

SEC. 3. PROHIBITION ON BONUSES UNTIL MAJOR MEDICAL FACILITY PROJECT TO 
              REPLACE DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER IN 
              DENVER, COLORADO, IS OPERATIONAL.

    (a) Prohibition on Bonuses During Fiscal Years 2015 and 2016.--
During fiscal years 2015 and 2016, the Secretary of Veterans Affairs 
may not pay any bonus.
    (b) Prohibition on Bonuses Until Operation of Medical Center.--If 
the major medical facility project to replace the Department of 
Veterans Affairs Medical Center in Denver, Colorado, is not completed 
by September 30, 2016, the Secretary may not pay any bonus until the 
date on which the Secretary certifies to the Committees on Veterans' 
Affairs of the House of Representatives and the Senate that the major 
medical facility project specified in section 2 to replace the 
Department of Veterans Affairs Medical Center in Denver, Colorado, is 
fully operational.
    (c) Limitation on Bonuses.--During the fiscal year in which the 
Secretary may begin to pay a bonus pursuant to subsection (b), and each 
fiscal year thereafter through fiscal year 2024, the Secretary shall 
ensure that the aggregate amount of bonuses paid by the Secretary 
during each such fiscal year does not exceed $360,000,000.
    (d) Bonus Defined.--In this subsection, the term ``bonus'' means 
any bonus or award under chapter 45 or 53 of title 5, United States 
Code, or any other bonus or award authorized under such title or title 
38, United States Code.
    (e) Conforming Repeal.--Section 705 of the Veterans Access, Choice, 
and Accountability Act of 2014 (Public Law 113-146; 38 U.S.C. 703 note) 
is repealed.

SEC. 4. MANAGEMENT OF DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER IN 
              AURORA, COLORADO.

    (a) Transfer of Construction Agent Responsibilities.--Not later 
than 90 days after the date of the enactment of this Act, the Secretary 
of Veterans Affairs shall enter into an agreement with the Secretary of 
the Army, acting through the Chief of Engineers, for the Army Corps of 
Engineers to carry out, on a reimbursable basis, design, contract, 
construction management, and similar services for the Aurora medical 
facility project. Such agreement shall be subject to subsections (b) 
through (e) of section 1535 of title 31, United States Code.
    (b) Duties.--
            (1) Responsibilities.--Under the agreement entered into 
        under subsection (a), the Army Corps of Engineers shall have 
        the authority to perform the project, design, contract, and 
        construction management necessary to complete the remaining 
        work at the Aurora medical facility project. Such authority 
        shall include entering into new contracts in accordance with 
        the Federal Acquisition Regulation to fulfill construction 
        agent responsibilities associated with such project. A 
        determination will be made if entering into a new contract 
        agreement with the current prime contractor is consistent with 
        the Federal Acquisition Regulation and in the best interests of 
        the Government.
            (2) Information required.--In accordance with subsection 
        (d)(1), the Secretary of Veterans Affairs shall provide the 
        Army Corps of Engineers with the information needed to ensure 
        that the Army Corps of Engineers understands the requirements 
        for the successful operation of the Aurora medical facility 
        project.
    (c) Plans and Reports.--
            (1) Completion plans.--Not later than 60 days after 
        entering into the agreement under subsection (a), the Secretary 
        of Veterans Affairs, based upon the advice of the Army Corps of 
        Engineers provided under the agreement entered into under 
        subsection (a), shall submit to the Committees on Veterans' 
        Affairs of the House of Representatives and the Senate detailed 
        plans, including estimated costs, to complete construction of 
        the Aurora medical facility project.
            (2) Progress reports.--Not later than 180 days after 
        entering into the agreement under subsection (a), and each 180-
        day period thereafter until the date on which the Aurora 
        medical facility project is completed, the Secretary of 
        Veterans Affairs, based on the advice of the Army Corps of 
        Engineers provided under the agreement entered into under 
        subsection (a), shall submit to the Committees on Veterans' 
        Affairs of the House of Representatives and Senate a report 
        detailing the progress on the Aurora medical facility project.
    (d) Cooperation.--
            (1) Information.--The Secretary of Veterans Affairs shall 
        provide the Army Corps of Engineers with any documents or 
        information which the Army Corps of Engineers determines 
        necessary to carry out subsections (a) and (b).
            (2) Assistance.--Upon request by the Army Corps of 
        Engineers, the Secretary of Veterans Affairs shall provide to 
        the Army Corps of Engineers any assistance that the Army Corps 
        of Engineers determines necessary to carry out subsections (a) 
        and (b). Such assistance shall be provided at no cost to the 
        Army Corps of Engineers.
    (e) Aurora Medical Facility Project Defined.--In this section, the 
term ``Aurora medical facility project'' means the major medical 
facility project specified in section 2 to replace the Department of 
Veterans Affairs Medical Center in Denver, Colorado.

SEC. 5. PROHIBITION ON SECRETARY OF VETERANS AFFAIRS CARRYING OUT MAJOR 
              MEDICAL FACILITY PROJECTS.

    (a) Army Corps of Engineers.--Chapter 81 of title 38, United States 
Code, is amended by inserting after section 8103 the following new 
section:
``Sec. 8103A. Authority of Army Corps of Engineers to carry out major 
              medical facility projects
    ``(a) Prohibition.--Notwithstanding any other provision of law, the 
Secretary may not carry out any major medical facility project (as 
defined in section 8104(a)(3)(A) of this title).
    ``(b) Army Corps of Engineers.--Notwithstanding any other provision 
of law, the Secretary of the Army, acting through the Chief of 
Engineers, shall carry out all major medical facility projects for the 
Department of Veterans Affairs.
    ``(c) Agreements.--The Chief of Engineers shall enter into an 
agreement with the Secretary of Veterans Affairs to carry out, on a 
reimbursable basis, design, contract, construction management, and 
similar services for major medical facility projects pursuant to 
subsection (b). Each such agreement shall be subject to subsections (b) 
through (e) of section 1535 of title 31.
    ``(d) Duties.--(1) Under an agreement entered into under subsection 
(c), the Army Corps of Engineers shall have the authority to perform 
the project, design, contract, and construction management necessary to 
complete the major medical facility project covered by the agreement. 
Such authority shall include entering into new contracts in accordance 
with the Federal Acquisition Regulation to fulfill construction agent 
responsibilities associated with such project.
    ``(2) The Secretary of Veterans Affairs shall provide the Army 
Corps of Engineers with any documents or information needed for the 
Army Corps of Engineers to carry out major medical facility projects 
pursuant to subsection (b).
    ``(3) Upon request by the Army Corps of Engineers, the Secretary of 
Veterans Affairs shall provide to the Army Corps of Engineers any 
assistance that the Army Corps of Engineers determines necessary to 
carry out major medical facility projects pursuant to subsection (b). 
Such assistance shall be provided at no cost to the Army Corps of 
Engineers.
    ``(e) Applicability.--This section shall apply with respect to a 
major medical facility project that begins after the date of the 
enactment of this section.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
8103 the following new item:

        ``8103A. Authority of Army Corps of Engineers to carry out 
                            major medical facility projects.''.
    (c) Conforming Amendments.--Title 38, United States Code, is 
further amended--
            (1) in section 312A(c)--
                    (A) in paragraph (1), by striking ``The Director 
                of'' and inserting ``Except as provided by section 
                8103A of this title, the Director of''; and
                    (B) in paragraph (2), by striking ``In carrying 
                out'' and inserting ``Except as provided by section 
                8103A of this title, in carrying out''
            (2) in section 8103(a), by striking ``section 8104'' and 
        inserting ``sections 8103A and 8104'';
            (3) in section 8104, by adding at the end the following new 
        subsection:
    ``(i) The Secretary shall carry out this section in accordance with 
section 8103A of this title, including with respect to obligating or 
expending funds described in this section.''; and
            (4) in section 8106--
                    (A) in subsection (a), by striking ``The Secretary 
                may'' and inserting ``Subject to section 8103A of this 
                title, the Secretary may'';
                    (B) in subsection (b)(1), by striking ``The 
                Secretary may'' and inserting ``Subject to section 
                8103A of this title, the Secretary may''; and
                    (C) in subsection (c), by inserting ``(except under 
                section 8103A)'' after ``this subchapter''.

SEC. 6. COMPTROLLER GENERAL REPORT ON MANAGEMENT OF DEPARTMENT OF 
              VETERANS AFFAIRS MEDICAL CENTER IN AURORA, COLORADO.

    (a) Review.--The Comptroller General of the United States shall 
review the management by the Secretary of Veterans Affairs of the 
Aurora medical facility project (as defined in section 4(e)), including 
with respect to the thoroughness and accuracy of the investigation into 
mismanagement conducted by the Administrative Investigation Board 
established by the Secretary. The review shall include a review of the 
following:
            (1) Any potential misconduct or criminal activity committed 
        by employees of the Department of Veterans Affairs that may 
        have contributed to the significant cost overruns of the Aurora 
        medical facility project.
            (2) When senior officials of the Department knew, or should 
        have known, that such project was likely to incur such 
        significant cost overruns.
            (3) The justification of the Secretary for withholding from 
        Congress any information relating to such significant cost 
        overruns.
    (b) Report.--Not later than 180 days after the date on which the 
Secretary of Veterans Affairs concludes the Administrative 
Investigation Board described in subsection (a), the Comptroller 
General shall submit to the Committees on Veterans' Affairs of the 
House of Representatives and the Senate a report containing the review 
under such subsection.

SEC. 7. NOTIFICATION TO CONGRESS FOR USE OF FUNDS FOR MAJOR MEDICAL 
              FACILITY PROJECTS THAT EXCEED AUTHORIZED AMOUNTS.

    Section 8104(c) of title 38, United States Code, is amended by 
striking ``30 days'' and inserting ``120 days''.
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