H. R. 5099—2 
(A) a property with respect to which funds have been 
appropriated for a Department facility project; or 
(B) a property identified as— 
(i) meeting a need of the Department as part of 
the long-range capital planning process of the Depart-
ment; and 
(ii) the location for a Department facility project 
that is included on the Strategic Capital Investment 
Planning process priority list in the most recent budget 
submitted to Congress by the President pursuant to 
section 1105(a) of title 31, United States Code; and 
(2) an entity described in subsection (a)(2) has entered 
into or is willing to enter into a formal agreement with the 
Secretary in accordance with subsection (c) under which the 
entity agrees to independently donate the real property, 
improvements, goods, or services, for the Department facility 
project in an amount acceptable to the Secretary and at no 
additional cost to the Federal Government. 
(c) REQUIREMENT TO ENTER INTO AN AGREEMENT.— 
(1) IN GENERAL.—The Secretary may accept real property 
and improvements donated under the pilot program by an 
entity described in subsection (a)(2) only if the entity enters 
into a formal agreement with the Secretary that provides for— 
(A) the donation of real property and improvements 
(including structures and equipment associated therewith) 
that includes a constructed facility; or 
(B) the construction by the entity of a facility on— 
(i) real property and improvements of the Depart-
ment of Veterans Affairs; or 
(ii) real property and improvements donated to 
the Department by the entity. 
(2) CONTENT
OF
FORMAL
AGREEMENTS.—With respect to 
an entity described in subsection (a)(2) that seeks to enter 
into a formal agreement under paragraph (1) of this subsection 
that includes the construction by the entity of a facility, the 
formal agreement shall provide for the following: 
(A) The entity shall conduct all necessary environ-
mental and historic preservation due diligence, shall 
comply with all local zoning requirements (except for 
studies and consultations required of the Department under 
Federal law), and shall obtain all permits required in 
connection with the construction of the facility. 
(B) The entity shall use construction standards 
required of the Department when designing, repairing, 
altering, or building the facility, except to the extent the 
Secretary determines otherwise, as permitted by applicable 
law. 
(C) The entity shall provide the real property, improve-
ments, goods, or services in a manner described in sub-
section (b)(2) sufficient to complete the construction of the 
facility, at no additional cost to the Federal Government. 
(d) NO PAYMENT
OF RENT
OR USAGE FEES.—The Secretary 
may not pay rent, usage fees, or any other amounts to an entity 
described in subsection (a)(2) or any other entity for the use or 
occupancy of real property or improvements donated under this 
section. 
(e) FUNDING.—
H. R. 5099—3 
(1) FROM DEPARTMENT.— 
(A) IN GENERAL.—The Secretary may not provide funds 
to help the entity finance, design, or construct a facility 
in connection with real property and improvements donated 
under the pilot program by an entity described in sub-
section (a)(2) that are in addition to the funds appropriated 
for the facility as of the date on which the Secretary and 
the entity enter into a formal agreement under subsection 
(c) for the donation of the real property and improvements. 
(B) TERMS AND CONDITIONS.—The Secretary shall pro-
vide funds pursuant to subparagraph (A) under such terms, 
conditions, and schedule as the Secretary determines 
appropriate. 
(2) FROM ENTITY.—An entity described in subsection (a)(2) 
that is donating a facility constructed by the entity under 
the pilot program shall be required, pursuant to a formal agree-
ment entered into under subsection (c), to provide other funds 
in addition to the amounts provided by the Department under 
paragraph (1) that are needed to complete construction of the 
facility. 
(f) APPLICATION.—An entity described in subsection (a)(2) that 
seeks to donate real property and improvements under the pilot 
program shall submit to the Secretary an application to address 
needs relating to facilities of the Department, including health 
care needs, identified in the Construction and Long-Range Capital 
Plan of the Department, at such time, in such manner, and con-
taining such information as the Secretary may require. 
(g) INFORMATION ON DONATIONS AND RELATED PROJECTS.— 
(1) IN GENERAL.—The Secretary shall include in the budget 
submitted to Congress by the President pursuant to section 
1105(a) of title 31, United States Code, information regarding 
real property and improvements donated under the pilot pro-
gram during the year preceding the submittal of the budget 
and the status of facility projects relating to that property. 
(2) ELEMENTS.—Information submitted under paragraph 
(1) shall provide a detailed status of donations of real property 
and improvements conducted under the pilot program and 
facility projects relating to that property, including the percent-
age completion of the donations and projects. 
(h) BIENNIAL
REPORT
OF
COMPTROLLER
GENERAL
OF
THE 
UNITED STATES.—Not less frequently than once every 2 years until 
the termination date set forth in subsection (i), the Comptroller 
General of the United States shall submit to Congress a report 
on the donation agreements entered into under the pilot program. 
(i) TERMINATION.—The authority for the Secretary to accept 
donations under the pilot program shall terminate on the date 
that is 5 years after the date of the enactment of this Act. 
(j) RULE OF CONSTRUCTION.—Nothing in this section shall be 
construed as a limitation on the authority of the Secretary to
H. R. 5099—4 
enter into other arrangements or agreements that are authorized 
by law and not inconsistent with this section. 
Speaker of the House of Representatives. 
Vice President of the United States and
President of the Senate.