May 21, 2025
Mr. Banks (for himself and Mr. Hickenlooper) introduced the following bill; which was read twice and referred to the Committee on Veterans’ Affairs
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 2025
.
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)
It has been the policy of the Federal Government since the enactment of the Clinger-Cohen Act of 1996 (divisions D and E of Public Law 104–106) that design-build construction methods shall be used when appropriate circumstances are present.
(2)
The Secretary of Veterans Affairs estimated in the congressional justification of the fiscal year 2025 budget request for the Department of Veterans Affairs that the cost to implement the long term capital plan of the Department may be as high as $184,000,000,0000, and that estimate has increased in every successive fiscal year’s budget request since the origination of such estimate.
(3)
The Secretary expects to open the replacement medical center of the Department in Louisville, Kentucky, in 2026, which will be the first replacement medical center constructed since the Rocky Mountain Regional VA Medical Center opened in Aurora, Colorado, in July 2018.
(b) Sense of Congress
It is the sense of Congress that—
(1)
construction challenges with the Rocky Mountain Regional VA Medical Center involving use of the integrated design and construct acquisition method should not be interpreted to mean that a design-build construction method, as described in section 3309 of title 41, United States Code, is unsuitable for construction projects of the Department of Veterans Affairs;
(2)
when used properly by adequately trained acquisition and construction management personnel and in the appropriate circumstances, a design-build construction method is an effective construction acquisition method for the Department, which has been demonstrated to reduce change orders, decrease the duration between design completion and beneficial occupancy, and increase warranty protections; and
(3)
in order to provide veterans with modern, high-quality medical facilities, implement the long-term capital plan of the Department, and reduce the size of the outstanding capital need of the Department, it would be beneficial for the Secretary of Veterans Affairs to accelerate the pace of medical center construction and carry out such construction more efficiently, including by making greater use of design-build construction methods in accordance with the amendments made by this Act.
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.