II 

116TH CONGRESS 

2D SESSION S. 4856 

To authorize the construction of a major medical facility for the Department 

of Veterans Affairs in Colorado Springs, Colorado, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 23 (legislative day, OCTOBER 19), 2020 

Mr. GARDNER introduced the following bill; which was read twice and referred 

to the Committee on Veterans’ Affairs 

A BILL 

To authorize the construction of a major medical facility 

for the Department of Veterans Affairs in Colorado 

Springs, Colorado, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. AUTHORIZATION OF MAJOR MEDICAL FACILITY 

4 FOR THE DEPARTMENT OF VETERANS AF5 FAIRS, COLORADO SPRINGS, COLORADO. 

6 (a) AUTHORIZATION.—The Secretary of Veterans Af7 fairs may carry out a major medical facility project in fis8 cal year 2021 and subsequent fiscal years for the construc9 tion of a Department of Veterans Affairs medical center 


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1 in Colorado Springs, Colorado, designed to serve El Paso 

2 County, Colorado, and surrounding areas. 

3 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated to the Secretary of Veterans 

5 Affairs for fiscal year 2021 and subsequent fiscal years 

6 for the Construction, Major Projects, account, such sums 

7 as may be necessary to carry out the major medical facility 

8 project authorized by subsection (a). 

9 (c) REPORT ON JOINT VA-DOD USE.— 

10 (1) REPORT REQUIRED.—Not later than 180 

11 days after the date of the enactment of this Act, the 

12 Secretary of Veterans Affairs and the Secretary of 

13 Defense shall jointly submit to the appropriate com14 mittees of Congress a report setting forth a joint as15 sessment by the Secretaries of the feasibility and ad16 visability of the use of the medical center authorized 

17 by subsection (a) for the provision of health care 

18 services to both veterans and members of the Armed 

19 Forces on active duty. 

20 (2) ELEMENTS.—The report required by para21 graph (1) shall include the following: 

22 (A) The assessment described in paragraph 

23 (1). 

24 (B) An assessment of the feasibility and 

25 advisability of locating the medical center auVerDate Sep 11 2014 00:47 Oct 30, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4856.IS S4856

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1 thorized by subsection (a) on real property 

2 under the jurisdiction of the Secretary of De3 fense. 

4 (C) If the assessment described in para5 graph (1) is that the use as described in that 

6 paragraph is feasible and advisable, the fol7 lowing: 

8 (i) A description of the use, as so de9 scribed, during the 10-year period begin10 ning on the date of completion of the 

11 major medical facility project. 

12 (ii) The strategic capital investment 

13 plan for the medical facility project, jointly 

14 conducted by the Secretaries. 

15 (iii) A unified budget for the use dur16 ing such period, allocating costs appro17 priately among the Department of Vet18 erans Affairs and the Department of De19 fense. 

20 (D) Such other matters as the Secretary of 

21 Veterans Affairs and the Secretary of Defense 

22 jointly consider appropriate. 

23 (3) APPROPRIATE COMMITTEES OF CONGRESS

24 DEFINED.—In this subsection, the term ‘‘appro25 priate committees of Congress’’ means— 


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1 (A) the Committee on Veterans’ Affairs 

2 and the Committee on Armed Services of the 

3 Senate; and 

4 (B) the Committee on Veterans’ Affairs 

5 and the Committee on Armed Services of the 

6 House of Representatives. 

7 (d) CONSTRUCTION AGENT AUTHORITY.— 

8 (1) CONSTRUCTION AGENT AUTHORITY.— 

9 (A) IN GENERAL.—Not later than 30 days 

10 after the date of the enactment of the Act first 

11 appropriating funds to carry out the major 

12 medical facility project authorized by subsection 

13 (a), the Secretary of Veterans Affairs shall 

14 enter into an agreement with the Chief of Engi15 neers to procure the services of the Chief of En16 gineers as the construction agent with respect 

17 to carrying out the major medical facility 

18 project until the date on which the major med19 ical facility project is completed. 

20 (B) REIMBURSEMENT.—The Secretary 

21 shall reimburse the Chief of Engineers for serv22 ices procured under subparagraph (A) in ac23 cordance with section 1535 of title 31, United 

24 States Code (commonly referred to as the 

25 ‘‘Economy Act’’), except that amounts required 


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1 to carry out the major medical facility project 

2 shall be obligated by the Secretary at the time 

3 a reimbursable order is accepted by the Chief of 

4 Engineers. 

5 (2) DUTIES.— 

6 (A) IN GENERAL.—Pursuant to the agree7 ment entered into under paragraph (1), the 

8 Chief of Engineers shall, as the construction 

9 agent with respect to the major medical facility 

10 project authorized by subsection (a), be given 

11 the authority to perform the project, design, 

12 contract, and construction management nec13 essary to complete the major medical facility 

14 project. 

15 (B) NEW CONTRACTS.—The authority 

16 under subparagraph (A) shall include the au17 thority to enter into new contracts in compli18 ance with the Federal Acquisition Regulation. 

19 (3) PLANS AND REPORTS.— 

20 (A) COMPLETION PLAN.—Not later than 

21 90 days after entering into the agreement 

22 under paragraph (1), the Secretary shall, in 

23 consultation with the Chief of Engineers, sub24 mit to the appropriate committees of Congress 

25 a detailed plan, including estimated costs, to 


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1 complete the construction of the major medical 

2 facility project authorized by subsection (a). 

3 (B) PROGRESS REPORTS.—Not later than 

4 180 days after entering into the agreement 

5 under paragraph (1), and not less frequently 

6 than once during each 180-day period there7 after until the date on which the major medical 

8 facility project is completed, the Secretary shall, 

9 in consultation with the Chief of Engineers, 

10 submit to the appropriate committees of Con11 gress a report detailing the progress of the 

12 major medical facility project. 

13 (4) COOPERATION.— 

14 (A) INFORMATION.—The Secretary shall 

15 provide to the Chief of Engineers any docu16 ments or information that the Chief of Engi17 neers considers necessary to carry out this sub18 section, including information relating to the 

19 successful operation of a medical facility. 

20 (B) ASSISTANCE.—Upon request by the 

21 Chief of Engineers, the Secretary shall provide 

22 to the Chief of Engineers, at no cost to the 

23 Chief of Engineers, any assistance that the 

24 Chief of Engineers considers necessary to carry 

25 out this subsection. 


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1 (5) APPROPRIATE COMMITTEES OF CONGRESS

2 DEFINED.—In this subsection, the term ‘‘appro3 priate committees of Congress’’ means— 

4 (A) the Committee on Veterans’ Affairs of 

5 the Senate; and 

6 (B) the Committee on Veterans’ Affairs of 

7 the House of Representatives. 

Æ 


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