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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3996 Referred in Senate (RFS)]

<DOC>
116th CONGRESS
  1st Session
                                H. R. 3996

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           November 13, 2019

    Received; read twice and referred to the Committee on Veterans' 
                                Affairs

_______________________________________________________________________

                                 AN ACT

 
     To amend title 38, United States Code, to provide for certain 
   requirements relating to the use of the design-build construction 
 method for Department of Veterans Affairs construction projects, 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 ``VA Design-Build Construction 
Enhancement Act of 2019''.

SEC. 2. FINDINGS; SENSE OF CONGRESS REGARDING THE DESIGN-BUILD 
              CONSTRUCTION METHOD FOR DEPARTMENT OF VETERANS AFFAIRS 
              CONSTRUCTION PROJECTS.

    (a) Findings.--Congress makes the following findings:
            (1) The Inspector General of the Department of Veterans 
        Affairs found that, in the Aurora, Colorado, replacement 
        medical center project, the Department decided to change its 
        acquisition strategy from traditional design-bid-build to 
        integrated-design and construct in the fourth year of the 
        project, which was too late for the integrated design-
        construction firm to provide effective input into the design.
            (2) In response to deficiencies in the Department's 
        management of the Aurora, Colorado, replacement medical center 
        project and in order to prevent reoccurrence of such 
        deficiencies in the future, Congress enacted section 8103 of 
        title 38, United States Code, which mandates that an 
        appropriate non-Department Federal entity take over management 
        of future super construction projects of the Department, 
        including project design, acquisition, construction, and 
        contract changes.
            (3) It has been the policy of the Federal Government since 
        the enactment of the Clinger-Cohen Act of 1996 (Public Law 104-
        106) that design-build shall be used when appropriate 
        circumstances are present.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the unsuccessful use of the integrated-design and 
        construct acquisition method in the Aurora, Colorado, 
        replacement medical center project should not be interpreted to 
        mean that design-build, as described in section 3309 of title 
        41, United States Code, is unsuitable for construction projects 
        of the Department of Veterans Affairs; and
            (2) when used properly by adequately trained acquisition 
        and construction management personnel and in the appropriate 
        circumstances, design-build is an effective construction 
        acquisition method for the Department of Veterans Affairs, 
        which has been demonstrated to reduce change orders, decrease 
        the duration between design completion and beneficial 
        occupancy, and increase warranty protections.

SEC. 3. DEPARTMENT OF VETERANS AFFAIRS USE OF DESIGN-BUILD CONSTRUCTION 
              METHOD.

    (a) Use of Design-Build Selection Procedures.--Section 8106 of 
title 38, United States Code, is amended by adding at the end the 
following new subsection:
    ``(d)(1) If the Secretary seeks to enter into a contract for the 
design and construction of a building or facility, the Secretary shall 
use the procedures established in section 3309 of title 41.
    ``(2) In the case of a super construction project for which a non-
Department Federal entity provides project management services under 
section 8103(e) of this title, the Secretary shall not discourage the 
entity from using the procedures established in section 3309 of title 
41.''.
    (b) Covered Certification Program.--Section 8103(g)(6)(A) of such 
title is amended by inserting ``, including design-build construction'' 
before the period at the end.

            Passed the House of Representatives November 12, 2019.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.
```