117TH CONGRESS 

2D SESSION S. 5059 

AN ACT 

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, 
2 

†S 5059 ES

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘CHIP-IN Improve3 ment Act of 2022’’. 

4 SEC. 2. IMPROVING PILOT PROGRAM ON ACCEPTANCE BY 

5 THE DEPARTMENT OF VETERANS AFFAIRS 

6 OF DONATED FACILITIES AND RELATED IM7 PROVEMENTS. 

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

9 Helping Invest through Property and Improvements Need10 ed for Veterans Act of 2016 (Public Law 114–294; 38 

11 U.S.C. 8103 note) is amended— 

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

13 which funds are available from the Construction, 

14 Minor Projects, or Construction, Major Projects ap15 propriations accounts’’; 

16 (2) in subsection (e)(1)— 

17 (A) in subparagraph (A)— 

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

19 inserting ‘‘Except as otherwise provided in 

20 this paragraph, the Secretary’’; and 

21 (ii) by inserting ‘‘or funds already 

22 generally available in the Construction, 

23 Minor Projects, or Construction, Major 

24 Projects appropriations accounts’’ after 

25 ‘‘that are in addition to the funds appro26 priated for the facility’’; 
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†S 5059 ES

1 (B) in subparagraph (B), by striking ‘‘sub2 paragraph (A)’’ and inserting ‘‘this paragraph’’; 

3 (C) by redesignating subparagraph (B) as 

4 subparagraph (F); and 

5 (D) by inserting after subparagraph (A) 

6 the following new subparagraphs: 

7 ‘‘(B) UNOBLIGATED AMOUNTS.—The Sec8 retary may provide additional funds to help an 

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

10 design, or construct a facility in connection with 

11 real property and improvements to be donated 

12 under the pilot program and proposed to be ac13 cepted by the Secretary under subsection 

14 (b)(1)(B) if— 

15 ‘‘(i) the Secretary determines that 

16 doing so is in the best interest of the De17 partment and consistent with the mission 

18 of the Department; and 

19 ‘‘(ii) funding provided under this sub20 paragraph— 

21 ‘‘(I) is in addition to amounts 

22 that have been appropriated for the 

23 facility before the date on which the 

24 Secretary and the entity enter into a 

25 formal agreement under subsection (c) 
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†S 5059 ES

1 for the construction and donation of 

2 the real property and improvements; 

3 and 

4 ‘‘(II) is derived only from 

5 amounts that— 

6 ‘‘(aa) are unobligated bal7 ances available in the Construc8 tion, Minor Projects, or Con9 struction, Major Projects appro10 priations accounts of the Depart11 ment that— 

12 ‘‘(AA) are not associ13 ated with a specific project; 

14 or 

15 ‘‘(BB) are amounts 

16 that are associated with a 

17 specific project, but are un18 obligated because they are 

19 the result of bid savings; 

20 and 

21 ‘‘(bb) were appropriated to 

22 such an account before the date 

23 described in subclause (I). 

24 ‘‘(C) ESCALATION CLAUSES.— 
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†S 5059 ES

1 ‘‘(i) IN GENERAL.—The Secretary 

2 may include an escalation clause in a for3 mal agreement under subsection (c) that 

4 authorizes an escalation of not more than 

5 an annual amount based on a rate estab6 lished in the formal agreement and mutu7 ally agreed upon by the Secretary and an 

8 entity to account for inflation for an area 

9 if the Secretary determines, after consulta10 tion with the head of an appropriate Fed11 eral entity that is not part of the Depart12 ment, that such escalation is necessary and 

13 in the best interest of the Department. 

14 ‘‘(ii) USE OF EXISTING AMOUNTS.— 

15 The Secretary may obligate funds pursu16 ant to clause (i) in connection with a for17 mal agreement under subsection (c) using 

18 amounts that— 

19 ‘‘(I) are unobligated balances 

20 available in the Construction, Minor 

21 Projects, or Construction, Major 

22 Projects appropriations accounts of 

23 the Department that— 

24 ‘‘(aa) are not associated 

25 with a specific project; or 
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1 ‘‘(bb) are amounts that are 

2 associated with a specific project, 

3 but are unobligated because they 

4 are the result of bid savings; and 

5 ‘‘(II) were appropriated to such 

6 an account before the date on which 

7 the Secretary and the entity entered 

8 into the formal agreement. 

9 ‘‘(D) AVAILABILITY.—Unobligated 

10 amounts shall be available pursuant to subpara11 graphs (B) and (C) only to the extent and in 

12 such amounts as provided in advance in appro13 priations Acts subsequent to date of the enact14 ment of the CHIP-IN Improvement Act of 

15 2022, subject to subparagraph (E). 

16 ‘‘(E) LIMITATION.—Unobligated amounts 

17 made available pursuant to subparagraphs (B) 

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

19 amount appropriated for the facility before the 

20 date on which the Secretary and the entity en21 tered into a formal agreement under subsection 

22 (c).’’; and 

23 (3) in subsection (j)— 

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

25 ‘‘RULES’’; 
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1 (B) by striking ‘‘Nothing in’’ and inserting 

2 the following: 

3 ‘‘(1) ENTERING ARRANGEMENTS AND AGREE4 MENTS.—Nothing in’’; and 

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

6 paragraph: 

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

8 provided under this section shall be treated as Fed9 eral financial assistance as defined in section 200.40 

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

11 on February 21, 2021.’’. 

12 (b) AMENDMENTS TO EXISTING AGREEMENTS.— 

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

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

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

16 be amended to incorporate terms authorized by subpara17 graphs (B) and (C) of section 2(e)(1) of such Act, as 

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

Passed the Senate September 29, 2022. 

Attest: 

Secretary. 
117TH CONGRESS 

2D SESSION S. 5059 

AN ACT 

To improve the pilot program on acceptance by the 

poses. issues relating to inflation, and for other purties and related improvements to account for Department of Veterans Affairs of donated facili-