I 

114TH CONGRESS 

1ST SESSION H. R. 3595 

To extend the authorization to carry out the replacement of the existing 

medical center of the Department of Veterans Affairs in Denver, Colorado, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 24, 2015 

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

the Committee on Veterans’ Affairs, and in addition to the Committee 

on Oversight and Government Reform, for a period to be subsequently 

determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To extend the authorization to carry out the replacement 

of the existing medical center of the Department of Veterans Affairs in Denver, 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. SHORT TITLE. 

4 This Act may be cited as the ‘‘Increased Authoriza5 tions for the Denver VA Medical Center Construction 

6 Project Act’’. 


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1 SEC. 2. INCREASE IN AUTHORIZATION FOR DEPARTMENT 

2 OF VETERANS AFFAIRS MEDICAL FACILITY 

3 PROJECT PREVIOUSLY AUTHORIZED. 

4 Section 2(a) of the Construction Authorization and 

5 Choice Improvement Act (Public Law 114–19; 129 Stat. 

6 215), as amended by section 1 of Public Law 114–25, is 

7 further amended by striking ‘‘$1,050,000,000’’ and insert8 ing ‘‘$1,675,000,000’’. 

9 SEC. 3. PROJECT MANAGEMENT OF SUPER CONSTRUCTION 

10 PROJECTS. 

11 (a) IN GENERAL.—Section 8103 of title 38, United 

12 States Code, is amended by adding at the end the fol13 lowing new subsection: 

14 ‘‘(e)(1) In the case of any super construction project, 

15 the Secretary shall enter into an agreement with an appro16 priate non-Department Federal entity to provide full 

17 project management services for the super construction 

18 project, including management over the project design, ac19 quisition, construction, and contract changes. Such agree20 ment shall provide that the Secretary shall reimburse such 

21 Federal entity for all costs associated with the provision 

22 of project management services under the agreement. 

23 ‘‘(2) In this subsection, the term ‘super construction 

24 project’ means a project for the construction, alteration, 

25 or acquisition of a medical facility involving a total ex26 penditure of more than $100,000,000.’’. 


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1 (b) APPLICATION.—The amendment made by sub2 section (a) shall apply with respect to the following: 

3 (1) The medical facility construction project in 

4 Denver, Colorado, specified in section 2 of the Con5 struction Authorization and Choice Improvement Act 

6 (Public Law 114–19; 129 Stat. 215). 

7 (2) A super construction project (as defined in 

8 section 8103(e)(2) of title 38, United States Code, 

9 as added by such subsection (a)) that is authorized 

10 on or after the date of the enactment of this Act. 

11 SEC. 4. MODIFICATION TO LIMITATION ON AWARDS AND 

12 BONUSES. 

13 Section 705 of the Veterans Access, Choice, and Ac14 countability Act of 2014 (Public Law 113–146; 38 U.S.C. 

15 703 note) is amended to read as follows: 

16 ‘‘SEC. 705. LIMITATION ON AWARDS AND BONUSES PAID TO 

17 EMPLOYEES OF DEPARTMENT OF VETERANS 

18 AFFAIRS. 

19 ‘‘The Secretary of Veterans Affairs shall ensure that 

20 the aggregate amount of awards and bonuses paid by the 

21 Secretary in a fiscal year under chapter 45 or 53 of title 

22 5, United States Code, or any other awards or bonuses 

23 authorized under such title or title 38, United States 

24 Code, does not exceed the following amounts: 


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1 ‘‘(1) With respect to fiscal year 2016, 

2 $100,000,000. 

3 ‘‘(2) With respect to each of fiscal years 2017 

4 through 2024, $360,000,000.’’. 

5 SEC. 5. REDUCTION OF BENEFITS FOR MEMBERS OF THE 

6 SENIOR EXECUTIVE SERVICE WITHIN THE 

7 DEPARTMENT OF VETERANS AFFAIRS CON8 VICTED OF CERTAIN CRIMES. 

9 (a) REDUCTION OF BENEFITS.— 

10 (1) IN GENERAL.—Chapter 7 of title 38, United 

11 States Code, is amended by adding after section 713 

12 the following new section: 

13 ‘‘§ 715. Senior executives: reduction of benefits of in14 dividuals convicted of certain crimes 

15 ‘‘(a) REDUCTION OF ANNUITY FOR REMOVED EM16 PLOYEE.—The Secretary shall order that the covered serv17 ice of an individual removed from a senior executive posi18 tion under section 713 of this title shall not be taken into 

19 account for purposes of calculating an annuity with re20 spect to such individual under chapter 83 or chapter 84 

21 of title 5, if— 

22 ‘‘(1) the individual is convicted of a felony that 

23 influenced the individual’s performance while em24 ployed in the senior executive position; and 


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1 ‘‘(2) before such order is made, the individual 

2 is afforded notice and an opportunity for a hearing 

3 conducted by another department or agency of the 

4 Federal Government. 

5 ‘‘(b) REDUCTION OF ANNUITY FOR RETIRED EM6 PLOYEE.—(1) The Secretary may order that the covered 

7 service of an individual who is subject to a removal or 

8 transfer action under section 713 of this title but who 

9 leaves employment at the Department prior to the 

10 issuance of a final decision with respect to such action 

11 shall not be taken into account for purposes of calculating 

12 an annuity with respect to such individual under chapter 

13 83 or chapter 84 of title 5, if— 

14 ‘‘(A) the individual is convicted of a felony that 

15 influenced the individual’s performance while em16 ployed in the senior executive position; and 

17 ‘‘(B) before such order is made, the individual 

18 is afforded notice and an opportunity for a hearing 

19 conducted by another department or agency of the 

20 Federal Government. 

21 ‘‘(2) The Secretary shall make such an order not 

22 later than seven days after the date of the conclusion of 

23 a hearing referred to in paragraph (1)(B) that determines 

24 that such order is lawful. 


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1 ‘‘(c) ADMINISTRATIVE REQUIREMENTS.—(1) Not 

2 later than 30 days after the Secretary issues an order 

3 under subsection (a) or (b), the Director of the Office of 

4 Personnel Management shall recalculate the annuity of the 

5 individual. 

6 ‘‘(2) A decision regarding whether the covered service 

7 of an individual shall be taken into account for purposes 

8 of calculating an annuity under subsection (a) or (b) is 

9 final and may not be reviewed by any department or agen10 cy or any court. 

11 ‘‘(d) LUMP-SUM ANNUITY CREDIT.—Any individual 

12 with respect to whom an annuity is reduced under sub13 section (a) or (b) shall be entitled to be paid so much of 

14 such individual’s lump-sum credit as is attributable to the 

15 period of covered service. 

16 ‘‘(e) DEFINITIONS.—In this section: 

17 ‘‘(1) The term ‘covered service’ means, with re18 spect to an individual subject to a removal or trans19 fer action under section 713 of this title, the period 

20 of service beginning on the date that the Secretary 

21 determines under such section that such individual 

22 engaged in activity that gave rise to such action and 

23 ending on the date that such individual is removed 

24 from the civil service or leaves employment at the 


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1 Department prior to the issuance of a final decision 

2 with respect to such action, as the case may be. 

3 ‘‘(2) The term ‘lump-sum credit’ has the mean4 ing given such term in section 8331(8) or section 

5 8401(19) of title 5, as the case may be. 

6 ‘‘(3) The term ‘senior executive position’ has 

7 the meaning given such term in section 713(g)(3) of 

8 this title. 

9 ‘‘(4) The term ‘service’ has the meaning given 

10 such term in section 8331(12) or section 8401(26) 

11 of title 5, as the case may be.’’. 

12 (2) CLERICAL AMENDMENT.—The table of sec13 tions at the beginning of chapter 7 of such title is 

14 amended by inserting after the item relating to sec15 tion 713 the following new item: 

‘‘715. Senior executives: reduction of benefits of individuals convicted of certain 

crimes.’’. 

16 (b) APPLICATION.—Section 715 of title 38, United 

17 States Code, as added by subsection (a)(1), shall apply 

18 to any action of removal or transfer under section 713 

19 of title 38, United States Code, commencing on or after 

20 the date of the enactment of this Act. 


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1 SEC. 6. AUTHORITY TO RECOUP BONUSES OR AWARDS 

2 PAID TO EMPLOYEES OF DEPARTMENT OF 

3 VETERANS AFFAIRS. 

4 (a) IN GENERAL.—Chapter 7 of title 38, United 

5 States Code, as amended by section 5, is amended by add6 ing at the end the following new section: 

7 ‘‘§ 717. Recoupment of bonuses or awards paid to em8 ployees of Department 

9 ‘‘(a) RECOUPMENT.—Notwithstanding any other pro10 vision of law, the Secretary may issue an order directing 

11 an employee of the Department to repay the amount, or 

12 a portion of the amount, of any award or bonus paid to 

13 the employee under title 5, including under chapter 45 or 

14 53 of such title, or this title if— 

15 ‘‘(1) the Secretary determines such repayment 

16 appropriate pursuant to regulations prescribed under 

17 subsection (c); and 

18 ‘‘(2) before such repayment, the employee is af19 forded notice and an opportunity for a hearing con20 ducted by another department or agency of the Fed21 eral Government. 

22 ‘‘(b) REVIEW.—A decision regarding a repayment by 

23 an employee pursuant to subsection (a)(2) is final and 

24 may not be reviewed by any department or agency or any 

25 court. 


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1 ‘‘(c) REGULATIONS.—The Secretary shall prescribe 

2 regulations to carry out this section.’’. 

3 (b) CLERICAL AMENDMENT.—The table of sections 

4 at the beginning of such chapter is amended by inserting 

5 after the item relating to section 715, as added by section 

6 5(a)(2), the following new item: 

‘‘717. Recoupment of bonuses or awards paid to employees of Department.’’. 

7 (c) EFFECTIVE DATE.—Section 717 of title 38, 

8 United States Code, as added by subsection (a), shall 

9 apply with respect to an award or bonus paid by the Sec10 retary of Veterans Affairs to an employee of the Depart11 ment of Veterans Affairs on or after the date that is 180 

12 days after the date of the enactment of this Act. 

13 (d) CONSTRUCTION.—Nothing in this section or the 

14 amendments made by this section may be construed to 

15 modify the certification issued by the Office of Personnel 

16 Management and the Office of Management and Budget 

17 regarding the performance appraisal system of the Senior 

18 Executive Service of the Department of Veterans Affairs. 

Æ 


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