I 

114TH CONGRESS 

1ST SESSION H. R. 1681 

To extend the authorization for the major medical facility project to replace 

the Department of Veterans Affairs Medical Center in Denver, 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 HOUSE OF REPRESENTATIVES 

MARCH 26, 2015 

Mr. COFFMAN introduced the following bill; which was referred to the 

Committee on Veterans’ Affairs 

A BILL 

To extend the authorization for the major medical facility 

project to replace the Department of Veterans Affairs 

Medical Center in Denver, 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. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘VA Construction, Ac3 countability, and Reform Act’’. 

4 SEC. 2. EXTENSION OF AUTHORIZATION OF MAJOR MED5 ICAL FACILITY PROJECT TO REPLACE DE6 PARTMENT OF VETERANS AFFAIRS MEDICAL 

7 CENTER IN DENVER, COLORADO. 

8 The Secretary of Veterans Affairs may carry out the 

9 major medical facility project to replace the Department 

10 of Veterans Affairs Medical Center in Denver, Colorado, 

11 in an amount not to exceed a total of $1,730,000,000. 

12 SEC. 3. PROHIBITION ON BONUSES UNTIL MAJOR MEDICAL 

13 FACILITY PROJECT TO REPLACE DEPART14 MENT OF VETERANS AFFAIRS MEDICAL CEN15 TER IN DENVER, COLORADO, IS OPER16 ATIONAL. 

17 (a) PROHIBITION ON BONUSES DURING FISCAL

18 YEARS 2015 AND 2016.—During fiscal years 2015 and 

19 2016, the Secretary of Veterans Affairs may not pay any 

20 bonus. 

21 (b) PROHIBITION ON BONUSES UNTIL OPERATION

22 OF MEDICAL CENTER.—If the major medical facility 

23 project to replace the Department of Veterans Affairs 

24 Medical Center in Denver, Colorado, is not completed by 

25 September 30, 2016, the Secretary may not pay any bonus 

26 until the date on which the Secretary certifies to the ComVerDate Sep 11 2014 01:10 Apr 03, 2015 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1681.IH H1681

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1 mittees on Veterans’ Affairs of the House of Representa2 tives and the Senate that the major medical facility project 

3 specified in section 2 to replace the Department of Vet4 erans Affairs Medical Center in Denver, Colorado, is fully 

5 operational. 

6 (c) LIMITATION ON BONUSES.—During the fiscal 

7 year in which the Secretary may begin to pay a bonus 

8 pursuant to subsection (b), and each fiscal year thereafter 

9 through fiscal year 2024, the Secretary shall ensure that 

10 the aggregate amount of bonuses paid by the Secretary 

11 during each such fiscal year does not exceed 

12 $360,000,000. 

13 (d) BONUS DEFINED.—In this subsection, the term 

14 ‘‘bonus’’ means any bonus or award under chapter 45 or 

15 53 of title 5, United States Code, or any other bonus or 

16 award authorized under such title or title 38, United 

17 States Code. 

18 (e) CONFORMING REPEAL.—Section 705 of the Vet19 erans Access, Choice, and Accountability Act of 2014 

20 (Public Law 113–146; 38 U.S.C. 703 note) is repealed. 

21 SEC. 4. MANAGEMENT OF DEPARTMENT OF VETERANS AF22 FAIRS MEDICAL CENTER IN AURORA, COLO23 RADO. 

24 (a) TRANSFER OF CONSTRUCTION AGENT RESPON25 SIBILITIES.—Not later than 90 days after the date of the 


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1 enactment of this Act, the Secretary of Veterans Affairs 

2 shall enter into an agreement with the Secretary of the 

3 Army, acting through the Chief of Engineers, for the 

4 Army Corps of Engineers to carry out, on a reimbursable 

5 basis, design, contract, construction management, and 

6 similar services for the Aurora medical facility project. 

7 Such agreement shall be subject to subsections (b) 

8 through (e) of section 1535 of title 31, United States 

9 Code. 

10 (b) DUTIES.— 

11 (1) RESPONSIBILITIES.—Under the agreement 

12 entered into under subsection (a), the Army Corps 

13 of Engineers shall have the authority to perform the 

14 project, design, contract, and construction manage15 ment necessary to complete the remaining work at 

16 the Aurora medical facility project. Such authority 

17 shall include entering into new contracts in accord18 ance with the Federal Acquisition Regulation to ful19 fill construction agent responsibilities associated 

20 with such project. A determination will be made if 

21 entering into a new contract agreement with the cur22 rent prime contractor is consistent with the Federal 

23 Acquisition Regulation and in the best interests of 

24 the Government. 


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1 (2) INFORMATION REQUIRED.—In accordance 

2 with subsection (d)(1), the Secretary of Veterans Af3 fairs shall provide the Army Corps of Engineers with 

4 the information needed to ensure that the Army 

5 Corps of Engineers understands the requirements 

6 for the successful operation of the Aurora medical 

7 facility project. 

8 (c) PLANS AND REPORTS.— 

9 (1) COMPLETION PLANS.—Not later than 60 

10 days after entering into the agreement under sub11 section (a), the Secretary of Veterans Affairs, based 

12 upon the advice of the Army Corps of Engineers 

13 provided under the agreement entered into under 

14 subsection (a), shall submit to the Committees on 

15 Veterans’ Affairs of the House of Representatives 

16 and the Senate detailed plans, including estimated 

17 costs, to complete construction of the Aurora med18 ical facility project. 

19 (2) PROGRESS REPORTS.—Not later than 180 

20 days after entering into the agreement under sub21 section (a), and each 180-day period thereafter until 

22 the date on which the Aurora medical facility project 

23 is completed, the Secretary of Veterans Affairs, 

24 based on the advice of the Army Corps of Engineers 

25 provided under the agreement entered into under 


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1 subsection (a), shall submit to the Committees on 

2 Veterans’ Affairs of the House of Representatives 

3 and Senate a report detailing the progress on the 

4 Aurora medical facility project. 

5 (d) COOPERATION.— 

6 (1) INFORMATION.—The Secretary of Veterans 

7 Affairs shall provide the Army Corps of Engineers 

8 with any documents or information which the Army 

9 Corps of Engineers determines necessary to carry 

10 out subsections (a) and (b). 

11 (2) ASSISTANCE.—Upon request by the Army 

12 Corps of Engineers, the Secretary of Veterans Af13 fairs shall provide to the Army Corps of Engineers 

14 any assistance that the Army Corps of Engineers de15 termines necessary to carry out subsections (a) and 

16 (b). Such assistance shall be provided at no cost to 

17 the Army Corps of Engineers. 

18 (e) AURORA MEDICAL FACILITY PROJECT DE19 FINED.—In this section, the term ‘‘Aurora medical facility 

20 project’’ means the major medical facility project specified 

21 in section 2 to replace the Department of Veterans Affairs 

22 Medical Center in Denver, Colorado. 


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1 SEC. 5. PROHIBITION ON SECRETARY OF VETERANS AF2 FAIRS CARRYING OUT MAJOR MEDICAL FA3 CILITY PROJECTS. 

4 (a) ARMY CORPS OF ENGINEERS.—Chapter 81 of 

5 title 38, United States Code, is amended by inserting after 

6 section 8103 the following new section: 

7 ‘‘§ 8103A. Authority of Army Corps of Engineers to 

8 carry out major medical facility projects 

9 ‘‘(a) PROHIBITION.—Notwithstanding any other pro10 vision of law, the Secretary may not carry out any major 

11 medical facility project (as defined in section 

12 8104(a)(3)(A) of this title). 

13 ‘‘(b) ARMY CORPS OF ENGINEERS.—Notwith14 standing any other provision of law, the Secretary of the 

15 Army, acting through the Chief of Engineers, shall carry 

16 out all major medical facility projects for the Department 

17 of Veterans Affairs. 

18 ‘‘(c) AGREEMENTS.—The Chief of Engineers shall 

19 enter into an agreement with the Secretary of Veterans 

20 Affairs to carry out, on a reimbursable basis, design, con21 tract, construction management, and similar services for 

22 major medical facility projects pursuant to subsection (b). 

23 Each such agreement shall be subject to subsections (b) 

24 through (e) of section 1535 of title 31. 

25 ‘‘(d) DUTIES.—(1) Under an agreement entered into 

26 under subsection (c), the Army Corps of Engineers shall 


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1 have the authority to perform the project, design, contract, 

2 and construction management necessary to complete the 

3 major medical facility project covered by the agreement. 

4 Such authority shall include entering into new contracts 

5 in accordance with the Federal Acquisition Regulation to 

6 fulfill construction agent responsibilities associated with 

7 such project. 

8 ‘‘(2) The Secretary of Veterans Affairs shall provide 

9 the Army Corps of Engineers with any documents or in10 formation needed for the Army Corps of Engineers to 

11 carry out major medical facility projects pursuant to sub12 section (b). 

13 ‘‘(3) Upon request by the Army Corps of Engineers, 

14 the Secretary of Veterans Affairs shall provide to the 

15 Army Corps of Engineers any assistance that the Army 

16 Corps of Engineers determines necessary to carry out 

17 major medical facility projects pursuant to subsection (b). 

18 Such assistance shall be provided at no cost to the Army 

19 Corps of Engineers. 

20 ‘‘(e) APPLICABILITY.—This section shall apply with 

21 respect to a major medical facility project that begins after 

22 the date of the enactment of this section.’’. 

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

24 at the beginning of such chapter is amended by inserting 


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1 after the item relating to section 8103 the following new 

2 item: 

‘‘8103A. Authority of Army Corps of Engineers to carry out major medical 

facility projects.’’. 

3 (c) CONFORMING AMENDMENTS.—Title 38, United 

4 States Code, is further amended— 

5 (1) in section 312A(c)— 

6 (A) in paragraph (1), by striking ‘‘The Di7 rector of’’ and inserting ‘‘Except as provided by 

8 section 8103A of this title, the Director of’’; 

9 and 

10 (B) in paragraph (2), by striking ‘‘In car11 rying out’’ and inserting ‘‘Except as provided 

12 by section 8103A of this title, in carrying out’’ 

13 (2) in section 8103(a), by striking ‘‘section 

14 8104’’ and inserting ‘‘sections 8103A and 8104’’; 

15 (3) in section 8104, by adding at the end the 

16 following new subsection: 

17 ‘‘(i) The Secretary shall carry out this section in ac18 cordance with section 8103A of this title, including with 

19 respect to obligating or expending funds described in this 

20 section.’’; and 

21 (4) in section 8106— 

22 (A) in subsection (a), by striking ‘‘The 

23 Secretary may’’ and inserting ‘‘Subject to sec24 tion 8103A of this title, the Secretary may’’; 


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1 (B) in subsection (b)(1), by striking ‘‘The 

2 Secretary may’’ and inserting ‘‘Subject to sec3 tion 8103A of this title, the Secretary may’’; 

4 and 

5 (C) in subsection (c), by inserting ‘‘(except 

6 under section 8103A)’’ after ‘‘this subchapter’’. 

7 SEC. 6. COMPTROLLER GENERAL REPORT ON MANAGE8 MENT OF DEPARTMENT OF VETERANS AF9 FAIRS MEDICAL CENTER IN AURORA, COLO10 RADO. 

11 (a) REVIEW.—The Comptroller General of the United 

12 States shall review the management by the Secretary of 

13 Veterans Affairs of the Aurora medical facility project (as 

14 defined in section 4(e)), including with respect to the thor15 oughness and accuracy of the investigation into mis16 management conducted by the Administrative Investiga17 tion Board established by the Secretary. The review shall 

18 include a review of the following: 

19 (1) Any potential misconduct or criminal activ20 ity committed by employees of the Department of 

21 Veterans Affairs that may have contributed to the 

22 significant cost overruns of the Aurora medical facil23 ity project. 


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1 (2) When senior officials of the Department 

2 knew, or should have known, that such project was 

3 likely to incur such significant cost overruns. 

4 (3) The justification of the Secretary for with5 holding from Congress any information relating to 

6 such significant cost overruns. 

7 (b) REPORT.—Not later than 180 days after the date 

8 on which the Secretary of Veterans Affairs concludes the 

9 Administrative Investigation Board described in sub10 section (a), the Comptroller General shall submit to the 

11 Committees on Veterans’ Affairs of the House of Rep12 resentatives and the Senate a report containing the review 

13 under such subsection. 

14 SEC. 7. NOTIFICATION TO CONGRESS FOR USE OF FUNDS 

15 FOR MAJOR MEDICAL FACILITY PROJECTS 

16 THAT EXCEED AUTHORIZED AMOUNTS. 

17 Section 8104(c) of title 38, United States Code, is 

18 amended by striking ‘‘30 days’’ and inserting ‘‘120 days’’. 

Æ 


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