IB 

Union Calendar No. 277 

114TH CONGRESS 

1ST SESSION H. R. 3106 

[Report No. 114–364] 

To authorize Department major medical facility construction projects for 

fiscal year 2015, to amend title 38, United States Code, to make certain 

improvements in the administration of Department medical facility construction projects, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 16, 2015 

Mr. MILLER of Florida introduced the following bill; which was referred to 

the Committee on Veterans’ Affairs 

DECEMBER 3, 2015 

Additional sponsors: Mr. BILIRAKIS and Mr. COFFMAN

DECEMBER 3, 2015 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on July 16, 2015] 


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A BILL 

To authorize Department major medical facility construction 

projects for fiscal year 2015, to amend title 38, United 

States Code, to make certain improvements in the administration of Department medical facility construction 

projects, and for other purposes. 


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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Construction Reform 

5 Act of 2015’’. 

6 SEC. 2. DEPARTMENT OF VETERANS AFFAIRS CONSTRUC7 TION REFORMS. 

8 (a) PROJECT MANAGEMENT.—Section 8103 of title 38, 

9 United States Code, is amended by adding at the end the 

10 following new subsection: 

11 ‘‘(e) In the case of any super construction project (as 

12 such term is defined in section 8104(a)(4)(C)), the Sec13 retary shall enter into an agreement with an appropriate 

14 non-Department Federal entity to provide full project man15 agement services for the super construction project, includ16 ing management over the project design, acquisition, con17 struction, and contract changes. Such agreement shall pro18 vide that the Secretary shall reimburse such Federal entity 

19 for all costs associated with the provision of project manage20 ment services under the agreement.’’. 

21 (b) APPLICATION OF INDUSTRY STANDARDS; ASSIST22 ANCE.—Section 8103 of title 38, United States Code, as 

23 amended by subsection (a), is further amended by adding 

24 at the end the following new subsections: 


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1 ‘‘(f) To the maximum extent practicable, the Secretary 

2 shall use industry standards, standard designs, and best 

3 practices in carrying out the construction of medical facili4 ties. 

5 ‘‘(g)(1) The Secretary shall provide to a non-Depart6 ment Federal entity with which the Secretary has entered 

7 into an agreement under subsection (e)— 

8 ‘‘(A) design, planning, and construction assist9 ance before the entity issues a request for proposals 

10 for the design or construction of the super construc11 tion project covered by the agreement; 

12 ‘‘(B) any documents or information needed for 

13 the entity to carry out the responsibilities of the enti14 ty with respect to the super construction project; and 

15 ‘‘(C) upon the request of the entity, any other as16 sistance that the entity determines necessary to carry 

17 out such responsibilities. 

18 ‘‘(2) Any assistance provided under paragraph (1) 

19 shall be provided to the non-Department Federal entity on 

20 a non-reimbursable basis. 

21 ‘‘(h)(1) With respect to a proposed change to a contract 

22 entered into by a non-Department Federal entity with 

23 which the Secretary has entered into an agreement under 

24 subsection (e) that is estimated at a value of less than 

25 $250,000, the non-Department Federal entity shall issue a 


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1 final decision regarding such change not later than 30 days 

2 after the date on which the change is proposed. 

3 ‘‘(2) With respect to a proposed change to such a con4 tract that is estimated at a value of $250,000 or more— 

5 ‘‘(A) the Secretary may provide to the entity the 

6 recommendations of the Secretary regarding such 

7 change; 

8 ‘‘(B) during the 30-day period beginning on the 

9 date on which the entity furnishes to the Secretary in10 formation regarding such change, the Secretary may 

11 issue the final decision regarding such change; and 

12 ‘‘(C) if the Secretary does not issue a final deci13 sion under subparagraph (B), during the 30-day pe14 riod following the period described in such paragraph, 

15 the entity shall issue a final decision regarding such 

16 a change no later than 90 days from when the entity 

17 furnished information regarding such a change to the 

18 Secretary. 

19 ‘‘(i) The Secretary shall ensure that each employee of 

20 the Department with responsibilities relating to the con21 struction or alteration of medical facilities, including such 

22 construction or alteration carried out pursuant to contracts 

23 or agreements, undergoes a program of ongoing professional 

24 training and development. Such program shall be designed 

25 to ensure that employees maintain adequate expertise relatVerDate Sep 11 2014 20:23 Dec 03, 2015 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H3106.RH H3106

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1 ing to industry standards and best practices for the acquisi2 tion of design and construction services. The Secretary may 

3 provide the program under this subsection through a con4 tract or agreement with a non-Federal entity or with a non5 Department Federal entity.’’. 

6 (c) LIMITATION ON PLANNING AND DESIGN FOR SUPER

7 CONSTRUCTION PROJECTS.— 

8 (1) IN GENERAL.—Section 8104(a) of title 38, 

9 United States Code, is amended— 

10 (A) by redesignating paragraph (3) as 

11 paragraph (4); 

12 (B) by inserting after paragraph (2) the fol13 lowing new paragraph (3): 

14 ‘‘(3) The Secretary may not obligate or expend funds 

15 for advance planning or design for any super construction 

16 project, until the date that is 60 days after the date on 

17 which the Secretary submits to the Committee on Veterans’ 

18 Affairs and the Committee on Appropriations of the Senate 

19 and the Committee on Veterans’ Affairs and the Committee 

20 on Appropriations of the House of Representatives notice 

21 of such obligation or expenditure.’’; and 

22 (C) in paragraph (4), as redesignated by 

23 paragraph (1) of this subsection, by adding at 

24 the end the following new subparagraph: 


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1 ‘‘(C) The term ‘super construction project’ means 

2 a project for the construction, alteration, or acquisi3 tion of a medical facility involving a total expendi4 ture of more than $100,000,000, but such term does 

5 not include an acquisition by exchange.’’. 

6 (2) APPLICABILITY.—The amendments made by 

7 paragraph (1) shall take effect on the date of the en8 actment of this Act and shall apply with respect to 

9 a construction project that is initiated on or after 

10 that date. 

11 (d) CONGRESSIONAL APPROVAL OF CERTAIN

12 PROJECTS.— 

13 (1) PROJECTS THAT EXCEED SPECIFIED

14 AMOUNT.—Subsection (c) of section 8104 of title 38, 

15 United States Code, is amended to read as follows: 

16 ‘‘(c)(1) The Secretary may not obligate funds for a 

17 major medical facility project or a super construction 

18 project approved by a law described in subsection (a)(2) 

19 in an amount that would cause the total amount obligated 

20 for that project to exceed the amount specified in the law 

21 for that project (or would add to total obligations exceeding 

22 such specified amount) by more than 10 percent unless the 

23 Committee on Veterans’ Affairs and the Committee on Ap24 propriations of the Senate and the Committee on Veterans’ 

25 Affairs and the Committee on Appropriations of the House 


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1 of Representatives each approve in writing the obligation 

2 of those funds. 

3 ‘‘(2) The Secretary shall— 

4 ‘‘(A) enter into a contract with an appropriate 

5 non-department Federal entity with the ability to 

6 conduct forensic audits on medical facility projects 

7 for the conduct of an external forensic audit of the ex8 penditures relating to any major medical facility or 

9 super construction project for which the total expendi10 tures exceed the amount specified in the law for the 

11 project by more than 25 percent; and 

12 ‘‘(B) enter into a contract with an appropriate 

13 non-department Federal entity with the ability to 

14 conduct forensic audits on medical facility projects 

15 for the conduct of an external audit of the medical 

16 center construction project in Aurora, Colorado.’’. 

17 (2) USE OF EXTRA AMOUNTS.—Subsection (d) of 

18 such section is amended— 

19 (A) in paragraph (2)(B), in the matter pre20 ceding clause (i), by striking ‘‘Whenever’’ and 

21 inserting ‘‘Before’’; and 

22 (B) by adding at the end the following new 

23 paragraph: 

24 ‘‘(3) The Secretary may not obligate any funds de25 scribed in paragraph (1) or amounts described in paraVerDate Sep 11 2014 20:23 Dec 03, 2015 Jkt 059200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\H3106.RH H3106

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1 graph (2) before the date that is 30 days after the notifica2 tion submitted under paragraph (1) or paragraph (2)(B), 

3 as the case may be, unless the Committee on Veterans’ Af4 fairs and the Committee on Appropriations of the Senate 

5 and the Committee on Veterans’ Affairs and the Committee 

6 on Appropriations of the House of Representatives each ap7 prove in writing the obligation of those funds or amounts.’’. 

8 (3) NOTIFICATION REQUIREMENTS.— 

9 (A) COMMITTEES REQUIRED.—Subsection 

10 (d)(1) of such section is amended by striking 

11 ‘‘each committee’’ and inserting ‘‘the Committee 

12 on Veterans’ Affairs and the Committee on Ap13 propriations of the Senate and the Committee on 

14 Veterans’ Affairs and the Committee on Appro15 priations of the House of Representatives’’. 

16 (B) USE OF AMOUNTS FROM BID SAV17 INGS.—Subsection (d)(2)(B) of such section is 

18 amended by adding at the end the following new 

19 clause: 

20 ‘‘(iv) With respect to the major construction 

21 project that is the source of the bid savings— 

22 ‘‘(I) the amounts already obligated or avail23 able in the project reserve for such project; 

24 ‘‘(II) the percentage of such project that has 

25 been completed; and 


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1 ‘‘(III) the amount of such bid savings that 

2 is already obligated or otherwise being used for 

3 a purpose other than such project.’’. 

4 (e) QUARTERLY REPORT ON SUPER CONSTRUCTION

5 PROJECTS.— 

6 (1) IN GENERAL.—At the end of subchapter I of 

7 chapter 81 of title 38, United States Code, insert the 

8 following new section: 

9 ‘‘§ 8120. Quarterly report on super construction 

10 projects 

11 ‘‘(a) QUARTERLY REPORTS REQUIRED.—Not later 

12 than 30 days after the last day of each fiscal quarter the 

13 Secretary shall submit to the Committees on Veterans’ Af14 fairs of the Senate and House of Representatives on the 

15 super construction projects carried out by the Secretary 

16 during such quarter. Each such report shall include, for 

17 each such project— 

18 ‘‘(1) the budgetary and scheduling status of the 

19 project, as of the last day of the quarter covered by 

20 the report; and 

21 ‘‘(2) the actual cost and schedule variances of the 

22 project, as of such day, compared to the planned cost 

23 and schedules for the project. 

24 ‘‘(b) SUPER CONSTRUCTION PROJECT DEFINED.—In 

25 this section, the term ‘super construction project’ has the 


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1 meaning given such term in section 8103(a)(4)(C) of this 

2 title.’’. 

3 (2) CLERICAL AMENDMENT.—The table of sec4 tions at the beginning of the chapter is amended by 

5 adding at the end of the items relating to such sub6 chapter the following new item: 

‘‘8120. Quarterly report on super construction projects.’’. 

7 (f) ACCELERATED MASTER PLANNING FOR EACH

8 MEDICAL FACILITY OF THE DEPARTMENT OF VETERANS

9 AFFAIRS.— 

10 (1) EXISTING FACILITIES.—Not later than De11 cember 31, 2016, the Secretary of Veterans Affairs 

12 shall complete a master plan described in paragraph 

13 (3) for each medical facility of the Department of Vet14 erans Affairs. 

15 (2) NEW FACILITIES.—For each medical facility 

16 of the Department for which construction is completed 

17 after the date of the enactment of this Act, the Sec18 retary shall complete a master plan described in 

19 paragraph (3) for the facility by not later than the 

20 earlier of the following dates: 

21 (A) The date on which activation is com22 pleted. 

23 (B) The date of the formal dedication of the 

24 facility. 


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1 (3) MASTER PLAN DESCRIBED.—A master plan 

2 described in this paragraph is, with respect to a med3 ical facility of the Department, a plan to inform in4 vestment decisions and funding requests over a 10- 

5 year period for construction projects at such medical 

6 facility— 

7 (A) to meet the health care needs of a 

8 changing veteran population through a combina9 tion of health care from the Department and 

10 other community resources; and 

11 (B) to maximize the best use of the land 

12 and structures comprising such medical facility. 

13 SEC. 3. MODIFICATION OF AUTHORIZATION OF FISCAL 

14 YEAR 2008 MAJOR MEDICAL FACILITY 

15 PROJECT AT DEPARTMENT MEDICAL CENTER 

16 IN TAMPA, FLORIDA. 

17 (a) MODIFICATION OF AUTHORIZATION.—In chapter 3 

18 of the Supplemental Appropriations Act, 2008 (Public Law 

19 110–252; 122 Stat. 2326), in the matter under the heading 

20 ‘‘Department of Veterans Affairs–Departmental Adminis21 tration–Construction, Major Projects’’, after ‘‘Five Year 

22 Capital Plan’’ insert the following: ‘‘and for constructing 

23 a new bed tower at the Department of Veterans Affairs med24 ical center in Tampa, Florida, in lieu of providing bed 

25 tower upgrades at such medical center’’. 


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1 (b) EMERGENCY DESIGNATION.— 

2 (1) IN GENERAL.—Subsection (a) is designated 

3 as an emergency requirement pursuant to section 4(g) 

4 of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 

5 933(g)). 

6 (2) DESIGNATION IN SENATE.—In the Senate, 

7 subsection (a) is designated as an emergency require8 ment pursuant to section 403(a) of S. Con. Res. 13 

9 (111th Congress), the concurrent resolution on the 

10 budget for fiscal year 2010. 

11 SEC. 4. AUTHORIZATION OF FISCAL YEAR 2015 MAJOR MED12 ICAL FACILITY PROJECTS. 

13 (a) AUTHORIZATION.—The Secretary of Veterans Af14 fairs may carry out the following major medical facility 

15 projects, with each project to be carried out in an amount 

16 not to exceed the amount specified for that project: 

17 (1) Construction of a community living center, 

18 outpatient clinic, renovated domiciliary, and renova19 tion of existing buildings in Canandaigua, New York, 

20 in an amount not to exceed $158,980,000. 

21 (2) Seismic corrections to the mental health and 

22 community living center in Long Beach, California, 

23 in an amount not to exceed $126,100,000. 


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1 (3) Seismic correction of 12 buildings in West 

2 Los Angeles, California, in an amount not to exceed 

3 $70,500,000. 

4 (4) Construction of a spinal cord injury building 

5 and seismic corrections in San Diego, California, in 

6 an amount not to exceed $205,840,000. 

7 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

8 authorized to be appropriated to the Secretary of Veterans 

9 Affairs for fiscal year 2015 or the year in which funds are 

10 appropriated for the Construction, Major Projects, account, 

11 a total of $561,420,000 for the projects authorized in sub12 section (a). 

13 (c) LIMITATION.—The projects authorized under this 

14 section may only be carried out using— 

15 (1) funds appropriated for fiscal year 2015 pur16 suant to the authorization of appropriations in sub17 section (b); 

18 (2) funds available for Construction, Major 

19 Projects for a fiscal year before fiscal year 2015 that 

20 remain available for obligation; 

21 (3) funds available for Construction, Major 

22 Projects, for a fiscal year after fiscal year 2015 that 

23 remain available for obligation; 


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1 (4) funds appropriated for Construction, Major 

2 Projects, for fiscal year 2015 for a category of activity 

3 not specific to a project; 

4 (5) funds appropriated for Construction, Major 

5 Projects, for a fiscal year before 2015 for a category 

6 of activity not specific to a project; and 

7 (6) funds appropriated for Construction, Major 

8 Projects, for a fiscal year after 2015 for a category of 

9 activity not specific to a project. 

10 SEC. 5. ASSISTANT INSPECTOR GENERAL FOR CONSTRUC11 TION. 

12 (a) IN GENERAL.—Chapter 3 of title 38, United States 

13 Code, is amended by inserting after section 312 the fol14 lowing new section: 

15 ‘‘§ 312A. Assistant Inspector General for Construction 

16 ‘‘(a) IN GENERAL.—There is in the Office of Inspector 

17 General an Assistant Inspector General for Construction. 

18 The Assistant Inspector General for Construction is respon19 sible for conducting, supervising, and coordinating audits, 

20 evaluations, and investigations of the planning, design, con21 tracting, execution, and construction of facilities and infra22 structure of the Department, including major and minor 

23 construction projects and leases. 

24 ‘‘(b) QUALIFICATIONS.—Each individual appointed as 

25 Assistant Inspector General for Construction shall be an inVerDate Sep 11 2014 20:23 Dec 03, 2015 Jkt 059200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6203 E:\BILLS\H3106.RH H3106

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1 dividual who has expertise in construction and facilities 

2 management. 

3 ‘‘(c) REPORTS.—(1) Not later than 60 days after the 

4 appointment of an individual as the Assistant Inspector 

5 General for Construction, and every calendar quarter there6 after, the Assistant Inspector General for Construction shall 

7 submit to the Committees on Veterans’ Affairs of the Senate 

8 and House of Representatives a report summarizing the ac9 tivities of the Assistant Inspector General for Construction 

10 during the 120-day period ending on the date of such re11 port. 

12 ‘‘(2) In addition to the report required in paragraph 

13 (1), and the requirements contained in section 5 of the In14 spector General Act of 1978 (5 U.S.C. App.), the Assistant 

15 Inspector General for Construction shall promptly provide 

16 to the Committees on Veterans’ Affairs of the Senate and 

17 House of Representatives the findings of any investigation 

18 undertaken by the Assistant Inspector General for Construc19 tion, and shall notify the Committees promptly if the As20 sistant Inspector General for Construction identifies any se21 rious or flagrant problem or deficiency relating to the ad22 ministration or operation of any construction program of 

23 the Department, if, during the course of any investigation, 

24 the Assistant Inspector General for Construction determines 

25 that Congress should take immediate action. 


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1 ‘‘(3) Nothing in this subsection shall be construed to 

2 authorize the public disclosure of information that is— 

3 ‘‘(A) specifically prohibited from disclosure by 

4 any other provision of law; 

5 ‘‘(B) specifically required by Executive Order to 

6 be protected from disclosure in the interest of national 

7 defense or national security or in the conduct of for8 eign affairs; or 

9 ‘‘(C) a part of an ongoing criminal investiga10 tion.’’. 

11 (b) CLERICAL AMENDMENT.—The table of sections at 

12 the beginning of such chapter is amended by inserting after 

13 the item relating to section 312 the following new item: 

‘‘312A. Assistant Inspector General for Construction.’’. 


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Union Calendar No. 277 

114TH CONGRESS 

1ST SESSION H. R. 3106 

[Report No. 114–364] 

A BILL 

To authorize Department major medical facility 

and for other purposes. partment medical facility construction projects, tain improvements in the administration of Deamend title 38, United States Code, to make cerconstruction projects for fiscal year 2015, to 

DECEMBER 3, 2015 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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