II 

114TH CONGRESS 

1ST SESSION S. 997 

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

the medical center of the Department of Veterans Affairs in Aurora, 

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 SENATE OF THE UNITED STATES 

APRIL 16, 2015 

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

to the Committee on Veterans’ Affairs 

A BILL 

To extend the authorization for the major medical facility 

project to replace the medical center of the Department 

of Veterans Affairs in Aurora, 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 ‘‘Department of Vet3 erans Affairs Construction, Accountability, and Reform 

4 Act’’. 

5 SEC. 2. EXTENSION OF AUTHORIZATION OF MAJOR MED6 ICAL FACILITY PROJECT TO REPLACE DE7 PARTMENT OF VETERANS AFFAIRS MEDICAL 

8 CENTER IN AURORA, COLORADO. 

9 The Secretary of Veterans Affairs may carry out the 

10 major medical facility project to replace the medical center 

11 of the Department of Veterans Affairs in Aurora, Colo12 rado, planned for under section 213(1) of the Veterans 

13 Health Care, Capital Asset, and Business Improvement 

14 Act of 2003 (Public Law 108–170; 117 Stat. 2049), in 

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

16 SEC. 3. PROHIBITION ON BONUSES UNTIL MAJOR MEDICAL 

17 FACILITY PROJECT TO REPLACE DEPART18 MENT OF VETERANS AFFAIRS MEDICAL CEN19 TER IN AURORA, COLORADO, IS OPER20 ATIONAL. 

21 (a) PROHIBITION ON BONUSES DURING FISCAL

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

23 2016, the Secretary of Veterans Affairs may not pay any 

24 bonus. 

25 (b) PROHIBITION ON BONUSES UNTIL OPERATION

26 OF MEDICAL CENTER.—If the major medical facility 


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1 project specified in section 2 to replace the Department 

2 of Veterans Affairs Medical Center in Aurora, Colorado, 

3 is not completed by September 30, 2016, the Secretary 

4 may not pay any bonus until the date on which the Sec5 retary certifies to the Committee on Veterans’ Affairs of 

6 the Senate and the Committee on Veterans’ Affairs of the 

7 House of Representatives that such major medical facility 

8 project is fully operational. 

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

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

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

12 through fiscal year 2024, the Secretary shall ensure that 

13 the aggregate amount of bonuses paid by the Secretary 

14 during each such fiscal year does not exceed 

15 $360,000,000. 

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

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

18 53 of title 5, United States Code, or any other bonus or 

19 award authorized under such title or title 38, United 

20 States Code. 

21 (e) CONFORMING REPEAL.—Section 705 of the Vet22 erans Access, Choice, and Accountability Act of 2014 

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


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1 SEC. 4. MANAGEMENT OF DEPARTMENT OF VETERANS AF2 FAIRS MEDICAL CENTER IN AURORA, COLO3 RADO. 

4 (a) TRANSFER OF CONSTRUCTION AGENT RESPON5 SIBILITIES.— 

6 (1) IN GENERAL.—Not later than 90 days after 

7 the date of the enactment of this Act, the Secretary 

8 of Veterans Affairs shall enter into an agreement 

9 with the Secretary of the Army, acting through the 

10 Chief of Engineers, for the Army Corps of Engineers 

11 to carry out, on a reimbursable basis, the design, 

12 contract, construction management, and other simi13 lar services for the Aurora medical facility project. 

14 (2) TREATMENT OF AGREEMENT.—The agree15 ment entered into under paragraph (1) shall be sub16 ject to subsections (b) through (e) of section 1535 

17 of title 31, United States Code. 

18 (b) DUTIES.— 

19 (1) IN GENERAL.—Under the agreement en20 tered into under subsection (a), the Army Corps of 

21 Engineers may perform the project, design, contract, 

22 and construction management necessary to complete 

23 the work at the Aurora medical facility project that 

24 is remaining as of the date of the enactment of this 

25 Act. 

26 (2) NEW CONTRACTS.— 


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1 (A) IN GENERAL.—The authority under 

2 paragraph (1) shall include the authority to 

3 enter into new contracts in accordance with the 

4 Federal Acquisition Regulation to fulfill con5 struction agent responsibilities associated with 

6 the Aurora medical facility project. 

7 (B) PRIME CONTRACTOR.—The Secretary 

8 of the Army, acting through the Chief of Engi9 neers, shall determine whether entering into a 

10 new contract agreement with the prime con11 tractor as of the date of the enactment of this 

12 Act is consistent with the Federal Acquisition 

13 Regulation and in the best interests of the Fed14 eral Government. 

15 (3) INFORMATION REQUIRED.—In accordance 

16 with subsection (d)(1), the Secretary of Veterans Af17 fairs shall provide the Army Corps of Engineers with 

18 the information needed to ensure that the Army 

19 Corps of Engineers understands the requirements 

20 for the successful operation of the Aurora medical 

21 facility project. 

22 (c) PLANS AND REPORTS.— 

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

24 days after entering into the agreement under sub25 section (a), the Secretary of Veterans Affairs, based 


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1 upon the advice of the Army Corps of Engineers 

2 provided under such agreement, shall submit to the 

3 Committee on Veterans’ Affairs of the Senate and 

4 the Committee on Veterans’ Affairs of the House of 

5 Representatives detailed plans, including estimated 

6 costs, to complete construction of the Aurora med7 ical facility project. 

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

9 days after entering into the agreement under sub10 section (a), and each 180-day period thereafter until 

11 the date on which the Aurora medical facility project 

12 is completed, the Secretary of Veterans Affairs, 

13 based on the advice of the Army Corps of Engineers 

14 provided under the agreement entered into under 

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

16 Veterans’ Affairs of the House of Representatives 

17 and Senate a report detailing the progress on the 

18 Aurora medical facility project. 

19 (d) COOPERATION.— 

20 (1) INFORMATION.—The Secretary of Veterans 

21 Affairs shall provide the Army Corps of Engineers 

22 with any documents or information that the Army 

23 Corps of Engineers determines necessary to carry 

24 out subsections (a) and (b). 

25 (2) ASSISTANCE.— 


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1 (A) IN GENERAL.—Upon request by the 

2 Army Corps of Engineers, the Secretary of Vet3 erans Affairs shall provide to the Army Corps 

4 of Engineers any assistance that the Army 

5 Corps of Engineers determines necessary to 

6 carry out subsections (a) and (b). 

7 (B) NO COST.—Any assistance provided 

8 under subparagraph (A) shall be at no cost to 

9 the Army Corps of Engineers. 

10 (e) AURORA MEDICAL FACILITY PROJECT DE11 FINED.—In this section, the term ‘‘Aurora medical facility 

12 project’’ means the major medical facility project specified 

13 in section 2 to replace the medical center of the Depart14 ment of Veterans Affairs in Aurora, Colorado. 

15 SEC. 5. PROHIBITION ON SECRETARY OF VETERANS AF16 FAIRS CARRYING OUT MAJOR MEDICAL FA17 CILITY PROJECTS. 

18 (a) ARMY CORPS OF ENGINEERS.—Subchapter I of 

19 chapter 81 of title 38, United States Code, is amended 

20 by inserting after section 8103 the following new section: 

21 ‘‘§ 8103A. Authority of Army Corps of Engineers to 

22 carry out major medical facility projects 

23 ‘‘(a) PROHIBITION.—Notwithstanding any other pro24 vision of law, the Secretary may not carry out any major 

25 medical facility project. 


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1 ‘‘(b) ARMY CORPS OF ENGINEERS.—Notwith2 standing any other provision of law, the Secretary of the 

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

4 out all major medical facility projects for the Department. 

5 ‘‘(c) AGREEMENTS.—(1) The Chief of Engineers 

6 shall enter into an agreement with the Secretary of Vet7 erans Affairs to carry out, on a reimbursable basis, design, 

8 contract, construction management, and similar services 

9 for major medical facility projects pursuant to subsection 

10 (b). 

11 ‘‘(2) Each agreement entered into under paragraph 

12 (1) shall be subject to subsections (b) through (e) of sec13 tion 1535 of title 31. 

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

15 under subsection (c), the Army Corps of Engineers may 

16 perform the project, design, contract, and construction 

17 management necessary to complete the major medical fa18 cility project covered by the agreement, including entering 

19 into new contracts in accordance with the Federal Acquisi20 tion Regulation to fulfill construction agent responsibil21 ities associated with such project. 

22 ‘‘(2) The Secretary shall provide the Army Corps of 

23 Engineers with any documents or information needed for 

24 the Army Corps of Engineers to carry out major medical 

25 facility projects pursuant to subsection (b). 


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

2 the Secretary shall provide to the Army Corps of Engi3 neers, at no cost to the Army Corps of Engineers, any 

4 assistance that the Army Corps of Engineers determines 

5 necessary to carry out major medical facility projects pur6 suant to subsection (b). 

7 ‘‘(e) MAJOR MEDICAL FACILITY PROJECT DE8 FINED.—In this section, the term ‘major medical facility 

9 project’ has the meaning given that term in section 

10 8104(a)(3)(A) of this title. 

11 ‘‘(f) APPLICABILITY.—This section shall apply with 

12 respect to any major medical facility project that begins 

13 after the date of the enactment of this section.’’. 

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

15 at the beginning of such chapter is amended by inserting 

16 after the item relating to section 8103 the following new 

17 item: 

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

facility projects.’’. 

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

19 States Code, is further amended— 

20 (1) in section 312A(c)— 

21 (A) in paragraph (1), by striking ‘‘The Di22 rector of’’ and inserting ‘‘Except as provided by 

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

24 and 


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1 (B) in paragraph (2), by striking ‘‘In car2 rying out’’ and inserting ‘‘Except as provided 

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

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

5 8104’’ and inserting ‘‘sections 8103A and 8104’’; 

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

7 following new subsection: 

8 ‘‘(i) The Secretary shall carry out this section in ac9 cordance with section 8103A of this title, including with 

10 respect to obligating or expending funds described in this 

11 section.’’; and 

12 (4) in section 8106— 

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

14 Secretary may’’ and inserting ‘‘Subject to sec15 tion 8103A of this title, the Secretary may’’; 

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

17 Secretary may’’ and inserting ‘‘Subject to sec18 tion 8103A of this title, the Secretary may’’; 

19 and 

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

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


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1 SEC. 6. COMPTROLLER GENERAL REPORT ON MANAGE2 MENT OF DEPARTMENT OF VETERANS AF3 FAIRS MEDICAL CENTER IN AURORA, COLO4 RADO. 

5 (a) REVIEW.— 

6 (1) IN GENERAL.—The Comptroller General of 

7 the United States shall review the management by 

8 the Secretary of Veterans Affairs of the Aurora 

9 medical facility project, including with respect to the 

10 thoroughness and accuracy of the investigation into 

11 mismanagement conducted by the administrative in12 vestigation board established by the Secretary. 

13 (2) ELEMENTS.—The review required under 

14 paragraph (1) shall include a review of the following: 

15 (A) Any potential misconduct or criminal 

16 activity committed by employees of the Depart17 ment of Veterans Affairs that may have con18 tributed to the significant cost overruns of the 

19 Aurora medical facility project. 

20 (B) When senior officials of the Depart21 ment knew, or should have known, that such 

22 project was likely to incur significant cost over23 runs. 

24 (C) The justification of the Secretary for 

25 withholding from Congress any information reVerDate Sep 11 2014 03:45 Apr 24, 2015 Jkt 049200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S997.IS S997

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1 lating to the significant cost overruns of such 

2 project. 

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

4 on which the Secretary of Veterans Affairs concludes the 

5 investigation conducted by the administrative investigation 

6 board described in subsection (a), the Comptroller General 

7 of the United States shall submit to the Committee on 

8 Veterans’ Affairs of the Senate and the Committee on Vet9 erans’ Affairs of the House of Representatives a report 

10 containing the results of the review required under such 

11 subsection. 

12 (c) AURORA MEDICAL FACILITY PROJECT DE13 FINED.—In this section, the term ‘‘Aurora medical facility 

14 project’’ means the major medical facility project specified 

15 in section 2 to replace the medical center of the Depart16 ment of Veterans Affairs in Aurora, Colorado. 

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

18 FOR MAJOR MEDICAL FACILITY PROJECTS 

19 THAT EXCEED AUTHORIZED AMOUNTS. 

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

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

Æ 


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