II 

117TH CONGRESS 

2D SESSION S. 5059 

To improve the pilot program on acceptance by the Department of Veterans 

Affairs of donated facilities and related improvements to account for 

issues relating to inflation, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 29, 2022 

Mr. LANKFORD (for himself, Mr. INHOFE, and Mrs. FISCHER) introduced the 

following bill; which was read twice, considered, read the third time, and 

passed 

A BILL 

To improve the pilot program on acceptance by the Department of Veterans Affairs of donated facilities and related 

improvements to account for issues relating to inflation, 

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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘CHIP-IN Improve5 ment Act of 2022’’. 


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1 SEC. 2. IMPROVING PILOT PROGRAM ON ACCEPTANCE BY 

2 THE DEPARTMENT OF VETERANS AFFAIRS 

3 OF DONATED FACILITIES AND RELATED IM4 PROVEMENTS. 

5 (a) IN GENERAL.—Section 2 of the Communities 

6 Helping Invest through Property and Improvements Need7 ed for Veterans Act of 2016 (Public Law 114–294; 38 

8 U.S.C. 8103 note) is amended— 

9 (1) in subsection (b)(1)(A), by inserting ‘‘or for 

10 which funds are available from the Construction, 

11 Minor Projects, or Construction, Major Projects ap12 propriations accounts’’; 

13 (2) in subsection (e)(1)— 

14 (A) in subparagraph (A)— 

15 (i) by striking ‘‘The Secretary’’ and 

16 inserting ‘‘Except as otherwise provided in 

17 this paragraph, the Secretary’’; and 

18 (ii) by inserting ‘‘or funds already 

19 generally available in the Construction, 

20 Minor Projects, or Construction, Major 

21 Projects appropriations accounts’’ after 

22 ‘‘that are in addition to the funds appro23 priated for the facility’’; 

24 (B) in subparagraph (B), by striking ‘‘sub25 paragraph (A)’’ and inserting ‘‘this paragraph’’; 


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1 (C) by redesignating subparagraph (B) as 

2 subparagraph (F); and 

3 (D) by inserting after subparagraph (A) 

4 the following new subparagraphs: 

5 ‘‘(B) UNOBLIGATED AMOUNTS.—The Sec6 retary may provide additional funds to help an 

7 entity described in subsection (a)(2) finance, 

8 design, or construct a facility in connection with 

9 real property and improvements to be donated 

10 under the pilot program and proposed to be ac11 cepted by the Secretary under subsection 

12 (b)(1)(B) if— 

13 ‘‘(i) the Secretary determines that 

14 doing so is in the best interest of the De15 partment and consistent with the mission 

16 of the Department; and 

17 ‘‘(ii) funding provided under this sub18 paragraph— 

19 ‘‘(I) is in addition to amounts 

20 that have been appropriated for the 

21 facility before the date on which the 

22 Secretary and the entity enter into a 

23 formal agreement under subsection (c) 

24 for the construction and donation of 


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1 the real property and improvements; 

2 and 

3 ‘‘(II) is derived only from 

4 amounts that— 

5 ‘‘(aa) are unobligated bal6 ances available in the Construc7 tion, Minor Projects, or Con8 struction, Major Projects appro9 priations accounts of the Depart10 ment that— 

11 ‘‘(AA) are not associ12 ated with a specific project; 

13 or 

14 ‘‘(BB) are amounts 

15 that are associated with a 

16 specific project, but are un17 obligated because they are 

18 the result of bid savings; 

19 and 

20 ‘‘(bb) were appropriated to 

21 such an account before the date 

22 described in subclause (I). 

23 ‘‘(C) ESCALATION CLAUSES.— 

24 ‘‘(i) IN GENERAL.—The Secretary 

25 may include an escalation clause in a forVerDate Sep 11 2014 21:51 Oct 19, 2022 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S5059.CPS S5059

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1 mal agreement under subsection (c) that 

2 authorizes an escalation of not more than 

3 an annual amount based on a rate estab4 lished in the formal agreement and mutu5 ally agreed upon by the Secretary and an 

6 entity to account for inflation for an area 

7 if the Secretary determines, after consulta8 tion with the head of an appropriate Fed9 eral entity that is not part of the Depart10 ment, that such escalation is necessary and 

11 in the best interest of the Department. 

12 ‘‘(ii) USE OF EXISTING AMOUNTS.— 

13 The Secretary may obligate funds pursu14 ant to clause (i) in connection with a for15 mal agreement under subsection (c) using 

16 amounts that— 

17 ‘‘(I) are unobligated balances 

18 available in the Construction, Minor 

19 Projects, or Construction, Major 

20 Projects appropriations accounts of 

21 the Department that— 

22 ‘‘(aa) are not associated 

23 with a specific project; or 

24 ‘‘(bb) are amounts that are 

25 associated with a specific project, 


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1 but are unobligated because they 

2 are the result of bid savings; and 

3 ‘‘(II) were appropriated to such 

4 an account before the date on which 

5 the Secretary and the entity entered 

6 into the formal agreement. 

7 ‘‘(D) AVAILABILITY.—Unobligated 

8 amounts shall be available pursuant to subpara9 graphs (B) and (C) only to the extent and in 

10 such amounts as provided in advance in appro11 priations Acts subsequent to date of the enact12 ment of the CHIP-IN Improvement Act of 

13 2022, subject to subparagraph (E). 

14 ‘‘(E) LIMITATION.—Unobligated amounts 

15 made available pursuant to subparagraphs (B) 

16 and (C) may not exceed 40 percent of the 

17 amount appropriated for the facility before the 

18 date on which the Secretary and the entity en19 tered into a formal agreement under subsection 

20 (c).’’; and 

21 (3) in subsection (j)— 

22 (A) by striking ‘‘RULE’’ and inserting 

23 ‘‘RULES’’; 

24 (B) by striking ‘‘Nothing in’’ and inserting 

25 the following: 


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1 ‘‘(1) ENTERING ARRANGEMENTS AND AGREE2 MENTS.—Nothing in’’; and 

3 (C) by adding at the end the following new 

4 paragraph: 

5 ‘‘(2) TREATMENT OF ASSISTANCE.—Nothing 

6 provided under this section shall be treated as Fed7 eral financial assistance as defined in section 200.40 

8 of title 2, Code of Federal Regulations, as in effect 

9 on February 21, 2021.’’. 

10 (b) AMENDMENTS TO EXISTING AGREEMENTS.— 

11 Each agreement entered into under section (2)(c) of such 

12 Act before the date of the enactment of this Act that was 

13 in effect on the date of the enactment of this Act may 

14 be amended to incorporate terms authorized by subpara15 graphs (B) and (C) of section 2(e)(1) of such Act, as 

16 added by subsection (a)(2)(D) of this section. 

Æ 


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