[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5099 Enrolled Bill (ENR)]
H.R.5099
One Hundred Fourteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the fourth day of January, two thousand and sixteen
An Act
To establish a pilot program on partnership agreements to construct new
facilities for the Department of Veterans Affairs.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Communities Helping Invest through
Property and Improvements Needed for Veterans Act of 2016'' or the
``CHIP IN for Vets Act of 2016''.
SEC. 2. PILOT PROGRAM ON ACCEPTANCE BY THE DEPARTMENT OF VETERANS
AFFAIRS OF DONATED FACILITIES AND RELATED IMPROVEMENTS.
(a) Pilot Program Authorized.--
(1) In general.--Notwithstanding sections 8103 and 8104 of
title 38, United States Code, the Secretary of Veterans Affairs may
carry out a pilot program under which the Secretary may accept
donations of the following property from entities described in
paragraph (2):
(A) Real property (including structures and equipment
associated therewith)--
(i) that includes a constructed facility; or
(ii) to be used as the site of a facility constructed
by the entity.
(B) A facility to be constructed by the entity on real
property of the Department of Veterans Affairs.
(2) Entities described.--Entities described in this paragraph
are the following:
(A) A State or local authority.
(B) An organization that is described in section 501(c)(3)
of the Internal Revenue Code of 1986 and is exempt from
taxation under section 501(a) of such Code.
(C) A limited liability corporation.
(D) A private entity.
(E) A donor or donor group.
(F) Any other non-Federal Government entity.
(3) Limitation.--The Secretary may accept not more than five
donations of real property and facility improvements under the
pilot program and as described in this section.
(b) Conditions for Acceptance of Property.--The Secretary may
accept the donation of a property described in subsection (a)(1) under
the pilot program only if--
(1) the property is--
(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 Department; 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 Department 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 environmental
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,
improvements, goods, or services in a manner described in
subsection (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.--
(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 subsection (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 provide
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 agreement 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 containing 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 program 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 percentage
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 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.