[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5059 Engrossed in Senate (ES)]
<DOC>
117th CONGRESS
2d Session
S. 5059
_______________________________________________________________________
AN ACT
To improve the pilot program on acceptance by the Department of
Veterans Affairs of donated facilities and related improvements to
account for issues relating to inflation, and for other purposes.
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 ``CHIP-IN Improvement Act of 2022''.
SEC. 2. IMPROVING PILOT PROGRAM ON ACCEPTANCE BY THE DEPARTMENT OF
VETERANS AFFAIRS OF DONATED FACILITIES AND RELATED
IMPROVEMENTS.
(a) In General.--Section 2 of the Communities Helping Invest
through Property and Improvements Needed for Veterans Act of 2016
(Public Law 114-294; 38 U.S.C. 8103 note) is amended--
(1) in subsection (b)(1)(A), by inserting ``or for which
funds are available from the Construction, Minor Projects, or
Construction, Major Projects appropriations accounts'';
(2) in subsection (e)(1)--
(A) in subparagraph (A)--
(i) by striking ``The Secretary'' and
inserting ``Except as otherwise provided in
this paragraph, the Secretary''; and
(ii) by inserting ``or funds already
generally available in the Construction, Minor
Projects, or Construction, Major Projects
appropriations accounts'' after ``that are in
addition to the funds appropriated for the
facility'';
(B) in subparagraph (B), by striking ``subparagraph
(A)'' and inserting ``this paragraph'';
(C) by redesignating subparagraph (B) as
subparagraph (F); and
(D) by inserting after subparagraph (A) the
following new subparagraphs:
``(B) Unobligated amounts.--The Secretary may
provide additional funds to help an entity described in
subsection (a)(2) finance, design, or construct a
facility in connection with real property and
improvements to be donated under the pilot program and
proposed to be accepted by the Secretary under
subsection (b)(1)(B) if--
``(i) the Secretary determines that doing
so is in the best interest of the Department
and consistent with the mission of the
Department; and
``(ii) funding provided under this
subparagraph--
``(I) is in addition to amounts
that have been appropriated for the
facility before the date on which the
Secretary and the entity enter into a
formal agreement under subsection (c)
for the construction and donation of
the real property and improvements; and
``(II) is derived only from amounts
that--
``(aa) are unobligated
balances available in the
Construction, Minor Projects,
or Construction, Major Projects
appropriations accounts of the
Department that--
``(AA) are not
associated with a
specific project; or
``(BB) are amounts
that are associated
with a specific
project, but are
unobligated because
they are the result of
bid savings; and
``(bb) were appropriated to
such an account before the date
described in subclause (I).
``(C) Escalation clauses.--
``(i) In general.--The Secretary may
include an escalation clause in a formal
agreement under subsection (c) that authorizes
an escalation of not more than an annual amount
based on a rate established in the formal
agreement and mutually agreed upon by the
Secretary and an entity to account for
inflation for an area if the Secretary
determines, after consultation with the head of
an appropriate Federal entity that is not part
of the Department, that such escalation is
necessary and in the best interest of the
Department.
``(ii) Use of existing amounts.--The
Secretary may obligate funds pursuant to clause
(i) in connection with a formal agreement under
subsection (c) using amounts that--
``(I) are unobligated balances
available in the Construction, Minor
Projects, or Construction, Major
Projects appropriations accounts of the
Department that--
``(aa) are not associated
with a specific project; or
``(bb) are amounts that are
associated with a specific
project, but are unobligated
because they are the result of
bid savings; and
``(II) were appropriated to such an
account before the date on which the
Secretary and the entity entered into
the formal agreement.
``(D) Availability.--Unobligated amounts shall be
available pursuant to subparagraphs (B) and (C) only to
the extent and in such amounts as provided in advance
in appropriations Acts subsequent to date of the
enactment of the CHIP-IN Improvement Act of 2022,
subject to subparagraph (E).
``(E) Limitation.--Unobligated amounts made
available pursuant to subparagraphs (B) and (C) may not
exceed 40 percent of the amount appropriated for the
facility before the date on which the Secretary and the
entity entered into a formal agreement under subsection
(c).''; and
(3) in subsection (j)--
(A) by striking ``Rule'' and inserting ``Rules'';
(B) by striking ``Nothing in'' and inserting the
following:
``(1) Entering arrangements and agreements.--Nothing in'';
and
(C) by adding at the end the following new
paragraph:
``(2) Treatment of assistance.--Nothing provided under this
section shall be treated as Federal financial assistance as
defined in section 200.40 of title 2, Code of Federal
Regulations, as in effect on February 21, 2021.''.
(b) Amendments to Existing Agreements.--Each agreement entered into
under section (2)(c) of such Act before the date of the enactment of
this Act that was in effect on the date of the enactment of this Act
may be amended to incorporate terms authorized by subparagraphs (B) and
(C) of section 2(e)(1) of such Act, as added by subsection (a)(2)(D) of
this section.
Passed the Senate September 29, 2022.
Attest:
Secretary.
117th CONGRESS
2d Session
S. 5059
_______________________________________________________________________
AN ACT
To improve the pilot program on acceptance by the Department of
Veterans Affairs of donated facilities and related improvements to
account for issues relating to inflation, and for other purposes.