[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>