II 

114TH CONGRESS 

2D SESSION S. 3364 

To authorize the Secretary of Veterans Affairs to carry out a pilot program 

to accept the donation of facilities and related improvements for use 

by the Department of Veterans Affairs. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 20, 2016 

Mrs. FISCHER (for herself and Mrs. FEINSTEIN) introduced the following bill; 

which was read twice and referred to the Committee on Veterans’ Affairs 

A BILL 

To authorize the Secretary of Veterans Affairs to carry out 

a pilot program to accept the donation of facilities and 

related improvements for use by 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, 

3 SECTION 1. SHORT TITLE. 

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

5 Invest through Property and Improvements Needed for 

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

7 2016’’. 


emcdonald on DSK9F6TC42PROD with BILLS
2 

•S 3364 IS

1 SEC. 2. PILOT PROGRAM ON ACCEPTANCE BY THE DEPART2 MENT OF VETERANS AFFAIRS OF DONATED 

3 FACILITIES AND RELATED IMPROVEMENTS. 

4 (a) PILOT PROGRAM AUTHORIZED.— 

5 (1) IN GENERAL.—Notwithstanding sections 

6 8103 and 8104 of title 38, United States Code, the 

7 Secretary of Veterans Affairs may carry out a pilot 

8 program under which the Secretary may accept do9 nations of the following property from entities de10 scribed in paragraph (2): 

11 (A) Real property (including structures 

12 and equipment associated therewith)— 

13 (i) that includes a constructed facility; 

14 or 

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

16 constructed by the entity. 

17 (B) A facility to be constructed by the en18 tity on real property of the Department of Vet19 erans Affairs. 

20 (2) ENTITIES DESCRIBED.—Entities described 

21 in this paragraph are the following: 

22 (A) A State or local authority. 

23 (B) An organization that is described in 

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

25 of 1986 and is exempt from taxation under sec26 tion 501(a) of such Code. 


emcdonald on DSK9F6TC42PROD with BILLS
3 

•S 3364 IS

1 (C) A limited liability corporation. 

2 (D) A private entity. 

3 (E) A donor or donor group. 

4 (F) Any other non-Federal Government 

5 entity. 

6 (3) LIMITATION.—The Secretary may accept 

7 not more than five donations of real property and 

8 facility improvements under the pilot program and 

9 as described in this section. 

10 (b) CONDITIONS FOR ACCEPTANCE OF PROPERTY.— 

11 The Secretary may accept the donation of a property de12 scribed in subsection (a)(1) under the pilot program only 

13 if— 

14 (1) the property is— 

15 (A) a property with respect to which funds 

16 have been appropriated for a Department facil17 ity project; or 

18 (B) a property identified as— 

19 (i) meeting a need of the Department 

20 as part of the long-range capital planning 

21 process of the Department; and 

22 (ii) the location for a Department fa23 cility project that is included on the Stra24 tegic Capital Investment Planning process 

25 priority list in the most recent budget subVerDate Sep 11 2014 02:33 Sep 21, 2016 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3364.IS S3364

emcdonald on DSK9F6TC42PROD with BILLS
4 

•S 3364 IS

1 mitted to Congress by the President pursu2 ant to section 1105(a) of title 31, United 

3 States Code; and 

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

5 entered into or is willing to enter into a formal 

6 agreement with the Secretary in accordance with 

7 subsection (c) under which the entity agrees to inde8 pendently donate the real property, improvements, 

9 goods, or services, for the Department facility 

10 project in an amount acceptable to the Secretary 

11 and at no additional cost to the Federal Govern12 ment. 

13 (c) REQUIREMENT TO ENTER INTO AN AGREE14 MENT.— 

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

16 real property and improvements donated under the 

17 pilot program by an entity described in subsection 

18 (a)(2) only if the entity enters into a formal agree19 ment with the Secretary that provides for— 

20 (A) the donation of real property and im21 provements (including structures and equip22 ment associated therewith) that includes a con23 structed facility; or 

24 (B) the construction by the entity of a fa25 cility on— 


emcdonald on DSK9F6TC42PROD with BILLS
5 

•S 3364 IS

1 (i) real property and improvements of 

2 the Department of Veterans Affairs; or 

3 (ii) real property and improvements 

4 donated to the Department by the entity. 

5 (2) CONTENT OF CERTAIN AGREEMENTS.— 

6 With respect to an entity described in subsection 

7 (a)(2) that seeks to enter into a formal agreement 

8 under paragraph (1) of this subsection that includes 

9 the construction by the entity of a facility, the for10 mal agreement shall provide for the following: 

11 (A) The entity shall conduct all necessary 

12 environmental and historic preservation due 

13 diligence, shall comply with all local zoning re14 quirements (except for studies and consulta15 tions required of the Department under Federal 

16 law), and shall obtain all permits required in 

17 connection with the construction of the facility. 

18 (B) The entity shall use construction 

19 standards required of the Department when de20 signing and building the facility, except to the 

21 extent the Secretary determines otherwise. 

22 (C) The entity shall provide the real prop23 erty, improvements, goods, or services in a 

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


emcdonald on DSK9F6TC42PROD with BILLS
6 

•S 3364 IS

1 to complete the construction of the facility, at 

2 no additional cost to the Federal Government. 

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

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

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

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

7 improvements donated under this section. 

8 (e) FUNDING.— 

9 (1) FROM DEPARTMENT.— 

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

11 provide funds to help the entity finance, design, 

12 or construct a facility in connection with real 

13 property and improvements donated under the 

14 pilot program by an entity described in sub15 section (a)(2) that are in addition to the funds 

16 appropriated for the facility as of the date on 

17 which the Secretary and the entity enter into a 

18 formal agreement under subsection (c) for the 

19 donation of the real property and improve20 ments. 

21 (B) TERMS AND CONDITIONS.—The Sec22 retary shall provide funds pursuant to subpara23 graph (A) under such terms, conditions, and 

24 schedule as the Secretary determines appro25 priate. 


emcdonald on DSK9F6TC42PROD with BILLS
7 

•S 3364 IS

1 (2) FROM ENTITY.—An entity described in sub2 section (a)(2) that is donating a facility constructed 

3 by the entity under the pilot program shall be re4 quired, pursuant to a formal agreement entered 

5 under subsection (c), to provide other funds in addi6 tion to the amounts provided by the Department 

7 under paragraph (1) that are needed to complete 

8 construction of the facility. 

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

10 (a)(2) that seeks to donate real property and improve11 ments under the pilot program shall submit to the Sec12 retary an application to address needs relating to facilities 

13 of the Department, including health care needs, identified 

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

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

16 such information as the Secretary may require. 

17 (g) INFORMATION ON DONATIONS AND RELATED

18 PROJECTS.— 

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

20 in the budget submitted to Congress by the Presi21 dent pursuant to section 1105(a) of title 31, United 

22 States Code, information regarding real property 

23 and improvements donated under the pilot program 

24 during the year preceding the submittal of the budgVerDate Sep 11 2014 02:33 Sep 21, 2016 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3364.IS S3364

emcdonald on DSK9F6TC42PROD with BILLS
8 

•S 3364 IS

1 et and the status of facility projects relating to that 

2 property. 

3 (2) ELEMENTS.—Information submitted under 

4 paragraph (1) shall include a detailed status of do5 nations of real property and improvements con6 ducted under the pilot program and facility projects 

7 relating to that property, including the percentage 

8 completion of the donations and projects. 

9 (h) BIENNIAL REPORT OF COMPTROLLER GENERAL

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

11 every two years until the termination date set forth in sub12 section (i), the Comptroller General of the United States 

13 shall submit to Congress a report on the donation arrange14 ments entered into under the pilot program. 

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

16 to accept donations under the pilot program shall termi17 nate on the date that is five years after the date of the 

18 enactment of this Act. 

19 (j) RULE OF CONSTRUCTION.—Nothing in this sec20 tion shall be construed as a limitation on the authority 

21 of the Secretary to enter into other arrangements or 

22 agreements that are authorized by law and not incon23 sistent with this section. 

Æ 


emcdonald on DSK9F6TC42PROD with BILLS