[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3595 Introduced in House (IH)]
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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.
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 ``Increased Authorizations for the
Denver VA Medical Center Construction Project Act''.
SEC. 2. INCREASE IN AUTHORIZATION FOR DEPARTMENT OF VETERANS AFFAIRS
MEDICAL FACILITY PROJECT PREVIOUSLY AUTHORIZED.
Section 2(a) of the Construction Authorization and Choice
Improvement Act (Public Law 114-19; 129 Stat. 215), as amended by
section 1 of Public Law 114-25, is further amended by striking
``$1,050,000,000'' and inserting ``$1,675,000,000''.
SEC. 3. PROJECT MANAGEMENT OF SUPER CONSTRUCTION PROJECTS.
(a) In General.--Section 8103 of title 38, United States Code, is
amended by adding at the end the following new subsection:
``(e)(1) In the case of any super construction project, the
Secretary shall enter into an agreement with an appropriate non-
Department Federal entity to provide full project management services
for the super construction project, including management over the
project design, acquisition, construction, and contract changes. Such
agreement shall provide that the Secretary shall reimburse such Federal
entity for all costs associated with the provision of project
management services under the agreement.
``(2) In this subsection, the term `super construction project'
means a project for the construction, alteration, or acquisition of a
medical facility involving a total expenditure of more than
$100,000,000.''.
(b) Application.--The amendment made by subsection (a) shall apply
with respect to the following:
(1) The medical facility construction project in Denver,
Colorado, specified in section 2 of the Construction
Authorization and Choice Improvement Act (Public Law 114-19;
129 Stat. 215).
(2) A super construction project (as defined in section
8103(e)(2) of title 38, United States Code, as added by such
subsection (a)) that is authorized on or after the date of the
enactment of this Act.
SEC. 4. MODIFICATION TO LIMITATION ON AWARDS AND BONUSES.
Section 705 of the Veterans Access, Choice, and Accountability Act
of 2014 (Public Law 113-146; 38 U.S.C. 703 note) is amended to read as
follows:
``SEC. 705. LIMITATION ON AWARDS AND BONUSES PAID TO EMPLOYEES OF
DEPARTMENT OF VETERANS AFFAIRS.
``The Secretary of Veterans Affairs shall ensure that the aggregate
amount of awards and bonuses paid by the Secretary in a fiscal year
under chapter 45 or 53 of title 5, United States Code, or any other
awards or bonuses authorized under such title or title 38, United
States Code, does not exceed the following amounts:
``(1) With respect to fiscal year 2016, $100,000,000.
``(2) With respect to each of fiscal years 2017 through
2024, $360,000,000.''.
SEC. 5. REDUCTION OF BENEFITS FOR MEMBERS OF THE SENIOR EXECUTIVE
SERVICE WITHIN THE DEPARTMENT OF VETERANS AFFAIRS
CONVICTED OF CERTAIN CRIMES.
(a) Reduction of Benefits.--
(1) In general.--Chapter 7 of title 38, United States Code,
is amended by adding after section 713 the following new
section:
``Sec. 715. Senior executives: reduction of benefits of individuals
convicted of certain crimes
``(a) Reduction of Annuity for Removed Employee.--The Secretary
shall order that the covered service of an individual removed from a
senior executive position under section 713 of this title shall not be
taken into account for purposes of calculating an annuity with respect
to such individual under chapter 83 or chapter 84 of title 5, if--
``(1) the individual is convicted of a felony that
influenced the individual's performance while employed in the
senior executive position; and
``(2) before such order is made, the individual is afforded
notice and an opportunity for a hearing conducted by another
department or agency of the Federal Government.
``(b) Reduction of Annuity for Retired Employee.--(1) The Secretary
may order that the covered service of an individual who is subject to a
removal or transfer action under section 713 of this title but who
leaves employment at the Department prior to the issuance of a final
decision with respect to such action shall not be taken into account
for purposes of calculating an annuity with respect to such individual
under chapter 83 or chapter 84 of title 5, if--
``(A) the individual is convicted of a felony that
influenced the individual's performance while employed in the
senior executive position; and
``(B) before such order is made, the individual is afforded
notice and an opportunity for a hearing conducted by another
department or agency of the Federal Government.
``(2) The Secretary shall make such an order not later than seven
days after the date of the conclusion of a hearing referred to in
paragraph (1)(B) that determines that such order is lawful.
``(c) Administrative Requirements.--(1) Not later than 30 days
after the Secretary issues an order under subsection (a) or (b), the
Director of the Office of Personnel Management shall recalculate the
annuity of the individual.
``(2) A decision regarding whether the covered service of an
individual shall be taken into account for purposes of calculating an
annuity under subsection (a) or (b) is final and may not be reviewed by
any department or agency or any court.
``(d) Lump-Sum Annuity Credit.--Any individual with respect to whom
an annuity is reduced under subsection (a) or (b) shall be entitled to
be paid so much of such individual's lump-sum credit as is attributable
to the period of covered service.
``(e) Definitions.--In this section:
``(1) The term `covered service' means, with respect to an
individual subject to a removal or transfer action under
section 713 of this title, the period of service beginning on
the date that the Secretary determines under such section that
such individual engaged in activity that gave rise to such
action and ending on the date that such individual is removed
from the civil service or leaves employment at the Department
prior to the issuance of a final decision with respect to such
action, as the case may be.
``(2) The term `lump-sum credit' has the meaning given such
term in section 8331(8) or section 8401(19) of title 5, as the
case may be.
``(3) The term `senior executive position' has the meaning
given such term in section 713(g)(3) of this title.
``(4) The term `service' has the meaning given such term in
section 8331(12) or section 8401(26) of title 5, as the case
may be.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 7 of such title is amended by inserting
after the item relating to section 713 the following new item:
``715. Senior executives: reduction of benefits of individuals
convicted of certain crimes.''.
(b) Application.--Section 715 of title 38, United States Code, as
added by subsection (a)(1), shall apply to any action of removal or
transfer under section 713 of title 38, United States Code, commencing
on or after the date of the enactment of this Act.
SEC. 6. AUTHORITY TO RECOUP BONUSES OR AWARDS PAID TO EMPLOYEES OF
DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Chapter 7 of title 38, United States Code, as
amended by section 5, is amended by adding at the end the following new
section:
``Sec. 717. Recoupment of bonuses or awards paid to employees of
Department
``(a) Recoupment.--Notwithstanding any other provision of law, the
Secretary may issue an order directing an employee of the Department to
repay the amount, or a portion of the amount, of any award or bonus
paid to the employee under title 5, including under chapter 45 or 53 of
such title, or this title if--
``(1) the Secretary determines such repayment appropriate
pursuant to regulations prescribed under subsection (c); and
``(2) before such repayment, the employee is afforded
notice and an opportunity for a hearing conducted by another
department or agency of the Federal Government.
``(b) Review.--A decision regarding a repayment by an employee
pursuant to subsection (a)(2) is final and may not be reviewed by any
department or agency or any court.
``(c) Regulations.--The Secretary shall prescribe regulations to
carry out this section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
715, as added by section 5(a)(2), the following new item:
``717. Recoupment of bonuses or awards paid to employees of
Department.''.
(c) Effective Date.--Section 717 of title 38, United States Code,
as added by subsection (a), shall apply with respect to an award or
bonus paid by the Secretary of Veterans Affairs to an employee of the
Department of Veterans Affairs on or after the date that is 180 days
after the date of the enactment of this Act.
(d) Construction.--Nothing in this section or the amendments made
by this section may be construed to modify the certification issued by
the Office of Personnel Management and the Office of Management and
Budget regarding the performance appraisal system of the Senior
Executive Service of the Department of Veterans Affairs.
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