[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 997 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                 S. 997

 To extend the authorization for the major medical facility project to 
  replace the medical center of the Department of Veterans Affairs in 
Aurora, 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 SENATE OF THE UNITED STATES

                             April 16, 2015

  Mr. Gardner introduced the following bill; which was read twice and 
             referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
 To extend the authorization for the major medical facility project to 
  replace the medical center of the Department of Veterans Affairs in 
Aurora, 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 ``Department of Veterans Affairs 
Construction, Accountability, and Reform Act''.

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

    The Secretary of Veterans Affairs may carry out the major medical 
facility project to replace the medical center of the Department of 
Veterans Affairs in Aurora, Colorado, planned for under section 213(1) 
of the Veterans Health Care, Capital Asset, and Business Improvement 
Act of 2003 (Public Law 108-170; 117 Stat. 2049), 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 
              AURORA, 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 specified in section 2 to replace 
the Department of Veterans Affairs Medical Center in Aurora, 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 Committee 
on Veterans' Affairs of the Senate and the Committee on Veterans' 
Affairs of the House of Representatives that such major medical 
facility project 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.--
            (1) In general.--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, the design, 
        contract, construction management, and other similar services 
        for the Aurora medical facility project.
            (2) Treatment of agreement.--The agreement entered into 
        under paragraph (1) shall be subject to subsections (b) through 
        (e) of section 1535 of title 31, United States Code.
    (b) Duties.--
            (1) In general.--Under the agreement entered into under 
        subsection (a), the Army Corps of Engineers may perform the 
        project, design, contract, and construction management 
        necessary to complete the work at the Aurora medical facility 
        project that is remaining as of the date of the enactment of 
        this Act.
            (2) New contracts.--
                    (A) In general.--The authority under paragraph (1) 
                shall include the authority to enter into new contracts 
                in accordance with the Federal Acquisition Regulation 
                to fulfill construction agent responsibilities 
                associated with the Aurora medical facility project.
                    (B) Prime contractor.--The Secretary of the Army, 
                acting through the Chief of Engineers, shall determine 
                whether entering into a new contract agreement with the 
                prime contractor as of the date of the enactment of 
                this Act is consistent with the Federal Acquisition 
                Regulation and in the best interests of the Federal 
                Government.
            (3) 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 such agreement, shall submit to the 
        Committee on Veterans' Affairs of the Senate and the Committee 
        on Veterans' Affairs of the House of Representatives 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 that the Army Corps of Engineers determines 
        necessary to carry out subsections (a) and (b).
            (2) Assistance.--
                    (A) In general.--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).
                    (B) No cost.--Any assistance provided under 
                subparagraph (A) shall be 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 medical center 
of the Department of Veterans Affairs in Aurora, Colorado.

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

    (a) Army Corps of Engineers.--Subchapter I of 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.
    ``(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.
    ``(c) Agreements.--(1) 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).
    ``(2) Each agreement entered into under paragraph (1) 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 may perform the project, design, 
contract, and construction management necessary to complete the major 
medical facility project covered by the agreement, including entering 
into new contracts in accordance with the Federal Acquisition 
Regulation to fulfill construction agent responsibilities associated 
with such project.
    ``(2) The Secretary 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 
shall provide to the Army Corps of Engineers, at no cost 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).
    ``(e) Major Medical Facility Project Defined.--In this section, the 
term `major medical facility project' has the meaning given that term 
in section 8104(a)(3)(A) of this title.
    ``(f) Applicability.--This section shall apply with respect to any 
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.--
            (1) In general.--The Comptroller General of the United 
        States shall review the management by the Secretary of Veterans 
        Affairs of the Aurora medical facility project, including with 
        respect to the thoroughness and accuracy of the investigation 
        into mismanagement conducted by the administrative 
        investigation board established by the Secretary.
            (2) Elements.--The review required under paragraph (1) 
        shall include a review of the following:
                    (A) 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.
                    (B) When senior officials of the Department knew, 
                or should have known, that such project was likely to 
                incur significant cost overruns.
                    (C) The justification of the Secretary for 
                withholding from Congress any information relating to 
                the significant cost overruns of such project.
    (b) Report.--Not later than 180 days after the date on which the 
Secretary of Veterans Affairs concludes the investigation conducted by 
the administrative investigation board described in subsection (a), the 
Comptroller General of the United States shall submit to the Committee 
on Veterans' Affairs of the Senate and the Committee on Veterans' 
Affairs of the House of Representatives a report containing the results 
of the review required under such subsection.
    (c) 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 medical center 
of the Department of Veterans Affairs in Aurora, Colorado.

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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