ity corporation, private entity, donor or donor group, or 
other non-Federal entity, to conduct one or more ‘‘super 
construction projects’’ (as defined in section 8103 of title 
38, United States Code), ‘‘major construction projects’’ 
(as defined in section 8104 of title 38, United States 
Code), or major construction projects to construct a new 
cemetery, or to develop additional gravesites or columba-
rium niches at an existing cemetery. 
(b) APPLICATION OF CERTAIN LAWS.—This author-
ity may be carried out notwithstanding any other law (in-
cluding section 8103(e) of the title 38, United States 
Code), except for those Federal laws relating to environ-
mental and historic preservation, and the Davis-Bacon Act 
(sections 3141 through 3148 of title 40, United States 
Code). 
(c) SELECTION OF PROJECTS.—The projects that the 
Secretary may select for this program may be ones for 
which— 
(1)(A) Congress has appropriated partial fund-
ing for the designated project; or 
(B) Veterans Affairs has identified a need for 
the project through its long-range capital planning 
process, by listing the project on the Major Con-
struction Strategic Capital Investment Planning 
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(SCIP) priority list, submitted to Congress in its an-
nual budget submission; and 
(2) a non-Federal entity has or is willing to 
enter into a formal agreement with the Secretary, to 
independently finance and/or donate funds towards 
the underlying project, in an amount acceptable and 
at no additional cost to the government. 
(d) AGREEMENTS.—Each partnership agreement for 
regarding the designated project shall provide: 
(1) The non-Federal entity shall conduct any 
necessary environmental and historic preservation 
due diligence, comply with local zoning requirements 
(except for studies and consultations required of the 
Department under Federal law), and obtain any per-
mits required before beginning construction. 
(2) The non-Federal entity shall use Veterans 
Affairs construction standards when designing and 
building the project, except to the extent the Sec-
retary deems otherwise. 
(3) The non-Federal entity shall form a Board 
of Directors comprised of between 5 and 10 mem-
bers, and a designated Chair to oversee the Board. 
At least 1 member of the Board shall be a Veteran 
who is not an employee of the Department of Vet-
erans Affairs. The proposed or existing Board mem-
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bers shall be required to promptly disclose any ac-
tual or potential conflicts to the Secretary, and must 
agree as a condition of their appointment, to remove 
themselves from Board membership if the Chairman 
and Secretary agree that doing so is appropriate due 
to an underlying apparent or existing conflict. At 
least 1 member of the Board shall be an employee 
of the Department of Veterans Affairs, and function 
as a non-voting member of the Board. 
(4) Within 180 days of inception or other time-
frame as the Secretary shall approve, the Board 
shall establish a written Charter of the Board of Di-
rectors, to describe the roles, responsibilities, poli-
cies, and procedures of operation, to help ensure 
successful project management, design, and con-
struction, and completion of the designated project. 
The Board shall be responsible for overseeing the ac-
tivities needed to finance, design, and construct the 
designated project for the Department. The Board 
shall provide written updates to the Secretary re-
garding the status of the designated project, on oc-
casions and a frequency that he shall approve. 
(5) The Board shall defer to the Secretary on 
all matters that are inherent to the Department’s 
mission and operations, including conditional or final 
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acceptance of the designated project. The Board 
shall not dissolve until after the Department has 
provided its final acceptance of the completed des-
ignated project, plus any additional time or later 
event that the Board of Directors and Secretary 
shall jointly approve. 
(e) PROJECT FUNDS.—Except as to the designated 
project identified in subsection (j) and except to the extent 
that Congress later provides a future appropriation of ad-
ditional funds to support the project, the Secretary may 
provide funds to help finance, design, and construct the 
designated project, in an amount not to exceed the total 
dollars that Congress has appropriated at the time of the 
partnership agreement between the Department and non- 
Federal entity. The Secretary shall be permitted to provide 
such funds under terms, conditions, and schedule that the 
Secretary deems appropriate. The non-Federal entity shall 
be required to contribute the balance of the funds needed 
to complete the designated project. 
(f) APPLICATION.—To be eligible to participate in the 
program to be established under subsection (a), the non- 
Federal entities shall submit to the Secretary an applica-
tion to address facility needs, including healthcare, as 
identified in the Veterans Affairs Construction and Long- 
range Capital Plan, at such time, in such manner, and 
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containing such information as the Secretary may require, 
including the following: 
(1) The name, resume, and experience of the 
project manager for each designated project that the 
non-Federal entity is proposing to pursue with the 
Secretary under this program. 
(2) A description of the non-Federal entity’s 
proposed monetary and non-monetary contributions 
for the designated project, and how future funding 
will be secured. 
(3) A description of the process the non-Federal 
entity would utilize to select a third party contractor 
or developer as applicable, to perform the work nec-
essary to complete the designated project. 
(4) A description of the Board of Directors and 
project management plan that the non-Federal enti-
ty will use, to ensure concise and consistent commu-
nication of all parties involved in the project. 
(5) A description of the procedures that the 
non-Federal entity will utilize to review, monitor, 
and process change orders when received, including 
how the Department’s input and feedback will be in-
corporated, particularly for issues that would affect 
the time or cost of the designated project(s). 
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(6) A detailed estimate of costs to complete the 
designated project. 
(7) A description of the estimated timelines, 
and milestones associated with the activities needed 
to finance, design, and construct the designated 
project. 
(8) Agree to obtain an independent annual fi-
nancial audit of all activities and costs relating to 
the underlying designated project, in accordance 
with generally accepted accounting principles. 
(9) Such other information as the Secretary 
may require. 
(g) COMPTROLLER GENERAL REPORT.—The Comp-
troller General of the United States shall submit to Con-
gress a biennial report on the partnership agreements en-
tered into under the program. 
(h) REPORT.—The Secretary shall provide a report 
to the Veterans Affairs Committees as part of the Depart-
ment’s annual budget submission, upon acceptance of a 
donation under this authority. The report shall provide a 
detailed status of the Project, including the percentage 
complete. 
(i) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed as a limitation on the authority 
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