II 

114TH CONGRESS 

2D SESSION H. R. 5099 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 8, 2016 

Received 

AN ACT 

To establish a pilot program on partnership agreements to 

construct new facilities for the Department of Veterans 

Affairs. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Communities Helping 

3 Invest through Property and Improvements Needed for 

4 Veterans Act of 2016’’ or the ‘‘CHIP IN for Vets Act of 

5 2016’’. 

6 SEC. 2. PILOT PROGRAM ON ACCEPTANCE BY THE DEPART7 MENT OF VETERANS AFFAIRS OF DONATED 

8 FACILITIES AND RELATED IMPROVEMENTS. 

9 (a) PILOT PROGRAM AUTHORIZED.— 

10 (1) IN GENERAL.—Notwithstanding sections 

11 8103 and 8104 of title 38, United States Code, the 

12 Secretary of Veterans Affairs may carry out a pilot 

13 program under which the Secretary may accept do14 nations of the following property from entities de15 scribed in paragraph (2): 

16 (A) Real property (including structures 

17 and equipment associated therewith)— 

18 (i) that includes a constructed facility; 

19 or 

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

21 constructed by the entity. 

22 (B) A facility to be constructed by the en23 tity on real property of the Department of Vet24 erans Affairs. 

25 (2) ENTITIES DESCRIBED.—Entities described 

26 in this paragraph are the following: 


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1 (A) A State or local authority. 

2 (B) An organization that is described in 

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

4 of 1986 and is exempt from taxation under sec5 tion 501(a) of such Code. 

6 (C) A limited liability corporation. 

7 (D) A private entity. 

8 (E) A donor or donor group. 

9 (F) Any other non-Federal Government 

10 entity. 

11 (3) LIMITATION.—The Secretary may accept 

12 not more than five donations of real property and 

13 facility improvements under the pilot program and 

14 as described in this section. 

15 (b) CONDITIONS FOR ACCEPTANCE OF PROPERTY.— 

16 The Secretary may accept the donation of a property de17 scribed in subsection (a)(1) under the pilot program only 

18 if— 

19 (1) the property is— 

20 (A) a property with respect to which funds 

21 have been appropriated for a Department facil22 ity project; or 

23 (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 

13 agreement with the Secretary in accordance with 

14 subsection (c) under which the entity agrees to inde15 pendently donate the real property, improvements, 

16 goods, or services, for the Department facility 

17 project in an amount acceptable to the Secretary 

18 and at no additional cost to the Federal Govern19 ment. 

20 (c) REQUIREMENT TO ENTER INTO AN AGREE21 MENT.— 

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

23 real property and improvements donated under the 

24 pilot program by an entity described in subsection 


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1 (a)(2) only if the entity enters into a formal agree2 ment with the Secretary that provides for— 

3 (A) the donation of real property and im4 provements (including structures and equip5 ment associated therewith) that includes a con6 structed facility; or 

7 (B) the construction by the entity of a fa8 cility on— 

9 (i) real property and improvements of 

10 the Department of Veterans Affairs; or 

11 (ii) real property and improvements 

12 donated to the Department by the entity. 

13 (2) CONTENT OF FORMAL AGREEMENTS.—With 

14 respect to an entity described in subsection (a)(2) 

15 that seeks to enter into a formal agreement under 

16 paragraph (1) of this subsection that includes the 

17 construction by the entity of a facility, the formal 

18 agreement shall provide for the following: 

19 (A) The entity shall conduct all necessary 

20 environmental and historic preservation due 

21 diligence, shall comply with all local zoning re22 quirements (except for studies and consulta23 tions required of the Department under Federal 

24 law), and shall obtain all permits required in 

25 connection with the construction of the facility. 


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1 (B) The entity shall use construction 

2 standards required of the Department when de3 signing, repairing, altering, or building the fa4 cility, except to the extent the Secretary deter5 mines otherwise, as permitted by applicable law. 

6 (C) The entity shall provide the real prop7 erty, improvements, goods, or services in a 

8 manner described in subsection (b)(2) sufficient 

9 to complete the construction of the facility, at 

10 no additional cost to the Federal Government. 

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

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

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

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

15 improvements donated under this section. 

16 (e) FUNDING.— 

17 (1) FROM DEPARTMENT.— 

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

19 provide funds to help the entity finance, design, 

20 or construct a facility in connection with real 

21 property and improvements donated under the 

22 pilot program by an entity described in sub23 section (a)(2) that are in addition to the funds 

24 appropriated for the facility as of the date on 

25 which the Secretary and the entity enter into a 


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1 formal agreement under subsection (c) for the 

2 donation of the real property and improve3 ments. 

4 (B) TERMS AND CONDITIONS.—The Sec5 retary shall provide funds pursuant to subpara6 graph (A) under such terms, conditions, and 

7 schedule as the Secretary determines appro8 priate. 

9 (2) FROM ENTITY.—An entity described in sub10 section (a)(2) that is donating a facility constructed 

11 by the entity under the pilot program shall be re12 quired, pursuant to a formal agreement entered into 

13 under subsection (c), to provide other funds in addi14 tion to the amounts provided by the Department 

15 under paragraph (1) that are needed to complete 

16 construction of the facility. 

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

18 (a)(2) that seeks to donate real property and improve19 ments under the pilot program shall submit to the Sec20 retary an application to address needs relating to facilities 

21 of the Department, including health care needs, identified 

22 in the Construction and Long-Range Capital Plan of the 

23 Department, at such time, in such manner, and containing 

24 such information as the Secretary may require. 


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1 (g) INFORMATION ON DONATIONS AND RELATED

2 PROJECTS.— 

3 (1) IN GENERAL.—The Secretary shall include 

4 in the budget submitted to Congress by the Presi5 dent pursuant to section 1105(a) of title 31, United 

6 States Code, information regarding real property 

7 and improvements donated under the pilot program 

8 during the year preceding the submittal of the budg9 et and the status of facility projects relating to that 

10 property. 

11 (2) ELEMENTS.—Information submitted under 

12 paragraph (1) shall provide a detailed status of do13 nations of real property and improvements con14 ducted under the pilot program and facility projects 

15 relating to that property, including the percentage 

16 completion of the donations and projects. 

17 (h) BIENNIAL REPORT OF COMPTROLLER GENERAL

18 OF THE UNITED STATES.—Not less frequently than once 

19 every 2 years until the termination date set forth in sub20 section (i), the Comptroller General of the United States 

21 shall submit to Congress a report on the donation agree22 ments entered into under the pilot program. 

23 (i) TERMINATION.—The authority for the Secretary 

24 to accept donations under the pilot program shall termiVerDate Sep 11 2014 01:04 Dec 11, 2016 Jkt 069200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H5099.RDS H5099

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1 nate on the date that is 5 years after the date of the enact2 ment of this Act. 

3 (j) RULE OF CONSTRUCTION.—Nothing in this sec4 tion shall be construed as a limitation on the authority 

5 of the Secretary to enter into other arrangements or 

6 agreements that are authorized by law and not incon7 sistent with this section. 

Passed the House of Representatives December 7, 

2016. 

Attest: KAREN L. HAAS, 

Clerk. 


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