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Union Calendar No. 638 

114TH CONGRESS 

2D SESSION H. R. 5099 

[Report No. 114–814] 

To establish a pilot program on partnership agreements to construct new 

facilities for the Department of Veterans Affairs. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 28, 2016 

Mr. ASHFORD (for himself, Mr. SMITH of Nebraska, Mr. YOUNG of Iowa, Mr. 

WALZ, and Mr. FORTENBERRY) introduced the following bill; which was 

referred to the Committee on Veterans’ Affairs 

NOVEMBER 14, 2016 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on April 28, 2016] 


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A BILL 

To establish a pilot program on partnership agreements to 

construct new facilities for the Department of Veterans 

Affairs. 


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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 ‘‘Communities Helping 

5 Invest through Property and Improvements Needed for Vet6 erans Act of 2016’’ or the ‘‘CHIP IN for Vets Act of 2016’’. 

7 SEC. 2. PILOT PROGRAM ON ACCEPTANCE BY THE DEPART8 MENT OF VETERANS AFFAIRS OF DONATED 

9 FACILITIES AND RELATED IMPROVEMENTS. 

10 (a) PILOT PROGRAM AUTHORIZED.— 

11 (1) IN GENERAL.—Notwithstanding sections 

12 8103 and 8104 of title 38, United States Code, the 

13 Secretary of Veterans Affairs may carry out a pilot 

14 program under which the Secretary may accept dona15 tions of the following property from entities described 

16 in paragraph (2): 

17 (A) Real property (including structures and 

18 equipment associated therewith)— 

19 (i) that includes a constructed facility; 

20 or 

21 (ii) to be used as the site of a facility 

22 constructed by the entity. 

23 (B) A facility to be constructed by the enti24 ty on real property of the Department of Vet25 erans Affairs. 


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1 (2) ENTITIES DESCRIBED.—Entities described in 

2 this paragraph are the following: 

3 (A) A State or local authority. 

4 (B) An organization that is described in 

5 section 501(c)(3) of the Internal Revenue Code of 

6 1986 and is exempt from taxation under section 

7 501(a) of such Code. 

8 (C) A limited liability corporation. 

9 (D) A private entity. 

10 (E) A donor or donor group. 

11 (F) Any other non-Federal Government en12 tity. 

13 (3) LIMITATION.—The Secretary may accept not 

14 more than five donations of real property and facility 

15 improvements under the pilot program and as de16 scribed in this section. 

17 (b) CONDITIONS FOR ACCEPTANCE OF PROPERTY.— 

18 The Secretary may accept the donation of a property de19 scribed in subsection (a)(1) under the pilot program only 

20 if— 

21 (1) the property is— 

22 (A) a property with respect to which funds 

23 have been appropriated for a Department facil24 ity project; or 

25 (B) a property identified as— 


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1 (i) meeting a need of the Department 

2 as part of the long-range capital planning 

3 process of the Department; and 

4 (ii) the location for a Department fa5 cility project that is included on the Stra6 tegic Capital Investment Planning process 

7 priority list in the most recent budget sub8 mitted to Congress by the President pursu9 ant to section 1105(a) of title 31, United 

10 States Code; and 

11 (2) an entity described in subsection (a)(2) has 

12 entered into or is willing to enter into a formal agree13 ment with the Secretary in accordance with sub14 section (c) under which the entity agrees to independ15 ently donate the real property, improvements, goods, 

16 or services, for the Department facility project in an 

17 amount acceptable to the Secretary and at no addi18 tional cost to the Federal Government. 

19 (c) REQUIREMENT TO ENTER INTO AN AGREEMENT.— 

20 (1) IN GENERAL.—The Secretary may accept 

21 real property and improvements donated under the 

22 pilot program by an entity described in subsection 

23 (a)(2) only if the entity enters into a formal agree24 ment with the Secretary that provides for— 


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1 (A) the donation of real property and im2 provements (including structures and equipment 

3 associated therewith) that includes a constructed 

4 facility; or 

5 (B) the construction by the entity of a facil6 ity on— 

7 (i) real property and improvements of 

8 the Department of Veterans Affairs; or 

9 (ii) real property and improvements 

10 donated to the Department by the entity. 

11 (2) CONTENT OF FORMAL AGREEMENTS.—With 

12 respect to an entity described in subsection (a)(2) that 

13 seeks to enter into a formal agreement under para14 graph (1) of this subsection that includes the construc15 tion by the entity of a facility, the formal agreement 

16 shall provide for the following: 

17 (A) The entity shall conduct all necessary 

18 environmental and historic preservation due 

19 diligence, shall comply with all local zoning re20 quirements (except for studies and consultations 

21 required of the Department under Federal law), 

22 and shall obtain all permits required in connec23 tion with the construction of the facility. 

24 (B) The entity shall use construction stand25 ards required of the Department when designing 


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1 and building the facility, except to the extent the 

2 Secretary determines otherwise. 

3 (C) The entity shall provide the real prop4 erty, improvements, goods, or services in a man5 ner described in subsection (b)(2) sufficient to 

6 complete the construction of the facility, at no 

7 additional cost to the Federal Government. 

8 (d) NO PAYMENT OF RENT OR USAGE FEES.—The 

9 Secretary may not pay rent, usage fees, or any other 

10 amounts to an entity described in subsection (a)(2) or any 

11 other entity for the use or occupancy of real property or 

12 improvements donated under this section. 

13 (e) FUNDING.— 

14 (1) FROM DEPARTMENT.— 

15 (A) IN GENERAL.—The Secretary may not 

16 provide funds to help the entity finance, design, 

17 or construct a facility in connection with real 

18 property and improvements donated under the 

19 pilot program by an entity described in sub20 section (a)(2) that are in addition to the funds 

21 appropriated for the facility as of the date on 

22 which the Secretary and the entity enter into a 

23 formal agreement under subsection (c) for the do24 nation of the real property and improvements. 


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1 (B) TERMS AND CONDITIONS.—The Sec2 retary shall provide funds pursuant to subpara3 graph (A) under such terms, conditions, and 

4 schedule as the Secretary determines appro5 priate. 

6 (2) FROM ENTITY.—An entity described in sub7 section (a)(2) that is donating a facility constructed 

8 by the entity under the pilot program shall be re9 quired, pursuant to a formal agreement entered into 

10 under subsection (c), to provide other funds in addi11 tion to the amounts provided by the Department 

12 under paragraph (1) that are needed to complete con13 struction of the facility. 

14 (f) APPLICATION.—An entity described in subsection 

15 (a)(2) that seeks to donate real property and improvements 

16 under the pilot program shall submit to the Secretary an 

17 application to address needs relating to facilities of the De18 partment, including health care needs, identified in the 

19 Construction and Long-Range Capital Plan of the Depart20 ment, at such time, in such manner, and containing such 

21 information as the Secretary may require. 

22 (g) INFORMATION ON DONATIONS AND RELATED

23 PROJECTS.— 

24 (1) IN GENERAL.—The Secretary shall include in 

25 the budget submitted to Congress by the President 


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1 pursuant to section 1105(a) of title 31, United States 

2 Code, information regarding real property and im3 provements donated under the pilot program during 

4 the year preceding the submittal of the budget and the 

5 status of facility projects relating to that property. 

6 (2) ELEMENTS.—Information submitted under 

7 paragraph (1) shall provide a detailed status of dona8 tions of real property and improvements conducted 

9 under the pilot program and facility projects relating 

10 to that property, including the percentage completion 

11 of the donations and projects. 

12 (h) BIENNIAL REPORT OF COMPTROLLER GENERAL OF

13 THE UNITED STATES.—Not less frequently than once every 

14 two years until the termination date set forth in subsection 

15 (i), the Comptroller General of the United States shall sub16 mit to Congress a report on the donation agreements entered 

17 into under the pilot program. 

18 (i) TERMINATION.—The authority for the Secretary to 

19 accept donations under the pilot program shall terminate 

20 on the date that is five years after the date of the enactment 

21 of this Act. 

22 (j) RULE OF CONSTRUCTION.—Nothing in this section 

23 shall be construed as a limitation on the authority of the 

24 Secretary to enter into other arrangements or agreements 


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1 that are authorized by law and not inconsistent with this 

2 section. 


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Union Calendar No. 638 

114TH CONGRESS 

2D SESSION H. R. 5099 

[Report No. 114–814] 

A BILL 

To establish a pilot program on partnership agreement of Veterans Affairs. ments to construct new facilities for the DepartNOVEMBER 14, 2016 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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