[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5099 Introduced in House (IH)]

<DOC>






114th CONGRESS
  2d Session
                                H. R. 5099

To establish a pilot program on partnership agreements to construct new 
           facilities for the Department of Veterans Affairs.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 28, 2016

Mr. Ashford (for himself, Mr. Smith of Nebraska, Mr. Young of Iowa, Mr. 
  Walz, and Mr. Fortenberry) introduced the following bill; which was 
             referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
To establish a pilot program on partnership agreements to construct new 
           facilities for the Department of Veterans Affairs.

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

SECTION 1. PILOT PROGRAM FOR PARTNERSHIP AGREEMENTS TO CONSTRUCT NEW 
              FACILITIES FOR THE DEPARTMENT OF VETERANS AFFAIRS.

    (a) In General.--The Secretary of Veterans Affairs may carry out a 
program under which the Secretary may enter into up to 5 partnership 
arrangements with a State or local authority, a 501(c)(3) corporation, 
a limited liability corporation, private entity, donor or donor group, 
or other non-Federal entity, to conduct one or more ``super 
construction projects'' (as defined in section 8103 of title 38, United 
States Code), ``major construction projects'' (as defined in section 
8104 of title 38, United States Code), or major construction projects 
to construct a new cemetery, or to develop additional gravesites or 
columbarium niches at an existing cemetery.
    (b) Application of Certain Laws.--This authority may be carried out 
notwithstanding any other law (including section 8103(e) of the title 
38, United States Code), except for those Federal laws relating to 
environmental and historic preservation, and the Davis-Bacon Act 
(sections 3141 through 3148 of title 40, United States Code).
    (c) Selection of Projects.--The projects that the Secretary may 
select for this program may be ones for which--
            (1)(A) Congress has appropriated partial funding for the 
        designated project; or
            (B) Veterans Affairs has identified a need for the project 
        through its long-range capital planning process, by listing the 
        project on the Major Construction Strategic Capital Investment 
        Planning (SCIP) priority list, submitted to Congress in its 
        annual budget submission; and
            (2) a non-Federal entity has or is willing to enter into a 
        formal agreement with the Secretary, to independently finance 
        and/or donate funds towards the underlying project, in an 
        amount acceptable and at no additional cost to the government.
    (d) Agreements.--Each partnership agreement for regarding the 
designated project shall provide:
            (1) The non-Federal entity shall conduct any necessary 
        environmental and historic preservation due diligence, comply 
        with local zoning requirements (except for studies and 
        consultations required of the Department under Federal law), 
        and obtain any permits required before beginning construction.
            (2) The non-Federal entity shall use Veterans Affairs 
        construction standards when designing and building the project, 
        except to the extent the Secretary deems otherwise.
            (3) The non-Federal entity shall form a Board of Directors 
        comprised of between 5 and 10 members, and a designated Chair 
        to oversee the Board. At least 1 member of the Board shall be a 
        Veteran who is not an employee of the Department of Veterans 
        Affairs. The proposed or existing Board members shall be 
        required to promptly disclose any actual or potential conflicts 
        to the Secretary, and must agree as a condition of their 
        appointment, to remove themselves from Board membership if the 
        Chairman and Secretary agree that doing so is appropriate due 
        to an underlying apparent or existing conflict. At least 1 
        member of the Board shall be an employee of the Department of 
        Veterans Affairs, and function as a non-voting member of the 
        Board.
            (4) Within 180 days of inception or other timeframe as the 
        Secretary shall approve, the Board shall establish a written 
        Charter of the Board of Directors, to describe the roles, 
        responsibilities, policies, and procedures of operation, to 
        help ensure successful project management, design, and 
        construction, and completion of the designated project. The 
        Board shall be responsible for overseeing the activities needed 
        to finance, design, and construct the designated project for 
        the Department. The Board shall provide written updates to the 
        Secretary regarding the status of the designated project, on 
        occasions and a frequency that he shall approve.
            (5) The Board shall defer to the Secretary on all matters 
        that are inherent to the Department's mission and operations, 
        including conditional or final acceptance of the designated 
        project. The Board shall not dissolve until after the 
        Department has provided its final acceptance of the completed 
        designated project, plus any additional time or later event 
        that the Board of Directors and Secretary shall jointly 
        approve.
    (e) Project Funds.--Except as to the designated project identified 
in subsection (j) and except to the extent that Congress later provides 
a future appropriation of additional funds to support the project, the 
Secretary may provide funds to help finance, design, and construct the 
designated project, in an amount not to exceed the total dollars that 
Congress has appropriated at the time of the partnership agreement 
between the Department and non-Federal entity. The Secretary shall be 
permitted to provide such funds under terms, conditions, and schedule 
that the Secretary deems appropriate. The non-Federal entity shall be 
required to contribute the balance of the funds needed to complete the 
designated project.
    (f) Application.--To be eligible to participate in the program to 
be established under subsection (a), the non-Federal entities shall 
submit to the Secretary an application to address facility needs, 
including healthcare, as identified in the Veterans Affairs 
Construction and Long-range Capital Plan, at such time, in such manner, 
and containing such information as the Secretary may require, including 
the following:
            (1) The name, resume, and experience of the project manager 
        for each designated project that the non-Federal entity is 
        proposing to pursue with the Secretary under this program.
            (2) A description of the non-Federal entity's proposed 
        monetary and non-monetary contributions for the designated 
        project, and how future funding will be secured.
            (3) A description of the process the non-Federal entity 
        would utilize to select a third party contractor or developer 
        as applicable, to perform the work necessary to complete the 
        designated project.
            (4) A description of the Board of Directors and project 
        management plan that the non-Federal entity will use, to ensure 
        concise and consistent communication of all parties involved in 
        the project.
            (5) A description of the procedures that the non-Federal 
        entity will utilize to review, monitor, and process change 
        orders when received, including how the Department's input and 
        feedback will be incorporated, particularly for issues that 
        would affect the time or cost of the designated project(s).
            (6) A detailed estimate of costs to complete the designated 
        project.
            (7) A description of the estimated timelines, and 
        milestones associated with the activities needed to finance, 
        design, and construct the designated project.
            (8) Agree to obtain an independent annual financial audit 
        of all activities and costs relating to the underlying 
        designated project, in accordance with generally accepted 
        accounting principles.
            (9) Such other information as the Secretary may require.
    (g) Comptroller General Report.--The Comptroller General of the 
United States shall submit to Congress a biennial report on the 
partnership agreements entered into under the program.
    (h) Report.--The Secretary shall provide a report to the Veterans 
Affairs Committees as part of the Department's annual budget 
submission, upon acceptance of a donation under this authority. The 
report shall provide a detailed status of the Project, including the 
percentage complete.
    (i) Rule of Construction.--Nothing in this section shall be 
construed as a limitation on the authority of the Secretary to enter 
into other agreements that are authorized by law and not inconsistent 
with this section.
    (j) Selected Department of Veterans Affairs Construction 
Project(s).--One of the 5 partnership agreement projects that the 
Secretary is permitted to pursue with a non-Federal entity under 
subsection (a) a project to design, finance, and construct a new 
ambulatory care center in Omaha, Nebraska. Any such project shall 
include necessary space and parking as determine by the Secretary. The 
Secretary shall be permitted to contribute funds towards the project in 
an amount not to exceed $56,000,000, and in no event shall the 
Secretary's contribution or liability exceed such amount, unless and 
the extent that Congress later provides a future appropriation of 
additional funds to support the project.
                                 <all>