[Congressional Record Volume 162, Number 176 (Wednesday, December 7, 2016)]
[House]
[Pages H7303-H7306]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




COMMUNITIES HELPING INVEST THROUGH PROPERTY AND IMPROVEMENTS NEEDED FOR 
                          VETERANS ACT OF 2016

  Mr. ROE of Tennessee. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 5099) to establish a pilot program on partnership 
agreements to construct new facilities for the Department of Veterans 
Affairs, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 5099

       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

[[Page H7304]]

     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 two 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 five 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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Tennessee (Mr. Roe) and the gentleman from California (Mr. Takano) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Tennessee.


                             General Leave

  Mr. ROE of Tennessee. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days in which to revise and extend their 
remarks and add extraneous material.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Tennessee?
  There was no objection.
  Mr. ROE of Tennessee. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise today in support of H.R. 5099, as amended, the 
Communities Helping Invest Through Property and Improvements Needed for 
Veterans Act of 2016--and that is a mouthful--or the CHIP IN for Vets 
Act of 2016. This bill, sponsored by our colleague Congressman Brad 
Ashford from Nebraska, would authorize the Department of Veterans 
Affairs to carry out a pilot program to accept from certain non-Federal 
entities up to five donations of either real property that includes a 
constructed facility or is to be used as a site of a facility 
constructed by the entity, or a facility to be constructed by the 
entity on VA real property. Such donation may be accepted only if it is 
for a project for which funds have been appropriated for a VA facility 
or is identified as meeting both a VA need as part of the Department's 
long-range capital planning process and as the location for a VA 
facility project that is included on the strategic capital investment 
plan.
  VA is one of our government's largest real property holders; and, 
considering that the average age of a VA medical building is five times 
older than the average age of a building in a nonprofit hospital 
system, VA's capital needs continue to grow in both cost and 
complexity. Meanwhile, the high-profile scandals and failures that VA's 
construction and capital asset program has undergone have been well 
publicized over the last few years.
  In April of 2013, the Government Accountability Office found that 
VA's major medical facility construction projects, which are already 
costly, complicated endeavors, experienced cost increases ranging from 
66 percent to 427 percent and schedule delays ranging from 14 months to 
86 months. Needless to say, it is clear that the time to look for 
innovative solutions to VA's capital needs is now.
  Currently, VA has the authority to accept a donated facility if that 
facility is already complete; however, it can be challenging to find 
existing facilities that both meet demonstrated VA need and satisfy all 
the requirements and mandates that a Federal facility must meet. 
Allowing VA to accept unconditional donations of real property, 
improvements, goods, or services from community donors, within certain 
parameters, could provide a viable solution to meeting VA's capital 
needs in an expedient, fiscally responsible manner while allowing 
communities and individuals the opportunity to step up and contribute 
in honor of their veteran friends and neighbors in a meaningful way.
  As chairman in the 115th Congress, I look forward to continuing to 
aggressively oversee VA's troubled construction program and to leave no 
stones unturned when looking for new ways to ensure that VA has 
facilities they need to provide the services our veterans require. I 
believe that the pilot program could lay the foundation for doing just 
that.
  I urge my colleagues to join me in supporting this legislation.
  I reserve the balance of my time.
  Mr. TAKANO. Mr. Speaker, I yield myself such time as I may consume.
  I rise in support of H.R. 5099, as amended, Communities Helping 
Invest through Property and Improvements Needed for Veterans Act of 
2016. Indeed, it is a mouthful but is a very, very important, 
potentially transformative piece of legislation. Otherwise, we can 
shorten it down to the CHIP IN for Vets Act of 2016, which was 
introduced by my friend and colleague, the gentleman from Nebraska, 
Brad Ashford. The bill is a testament to his hard work, as well as many 
Members and staff on both sides of the Capitol, that we are considering 
this bill today.
  This bipartisan legislation will authorize a pilot program, allowing 
the Department of Veterans Affairs to partner with nonprofit and 
private donors to build VA hospitals, receive donated land, and acquire 
other VA facilities so that the VA may continue to serve veterans.
  Today there are generous donors and organizations ready to pitch in 
and invest in their community's willingness to support and serve our 
veterans. That is why we must take immediate action and pass H.R. 5099, 
as amended.
  This bill will permit the VA to accept facilities constructed by 
donors, land where a future facility will be constructed by a donor, 
and permit a donor to construct a facility on VA property under an 
agreement to donate the facility to VA upon completion. It will also 
preserve VA's authority to determine need by only allowing projects to 
move forward under this program based on projects authorized and funded 
by Congress or included on the VA's strategic capital investment 
planning process priority list.
  This bill is necessary not only because of the Federal Government's 
significant budget constraints, but also so that VA has clear authority 
to undertake these projects and accept donations for the acquisition of 
facilities.
  It also allows VA and Congress to determine whether this pilot 
program that permits the VA and non-Federal organizations to combine 
resources to construct facilities is a viable future model for the 
funding and management of major and minor VA construction projects.
  Thanks to the public-private partnerships this legislation will 
foster, the VA will be able to take meaningful steps in improving its 
capacity to provide our veterans the quality care they

[[Page H7305]]

deserve at state-of-the-art VA facilities, all the while saving 
American taxpayers millions of dollars in the process. It is the very 
definition of a win-win situation.
  Mr. Speaker, strengthening the VA and increasing its capacity to 
provide and coordinate care is one of our highest priorities at the 
Committee on Veterans' Affairs, and I am pleased to support H.R. 5099, 
as amended, which will only improve VA's ability to do so.
  I reserve the balance of my time.
  Mr. ROE of Tennessee. Mr. Speaker, I yield 2 minutes to the gentleman 
from Nebraska (Mr. Fortenberry) for his comments.
  Mr. FORTENBERRY. Mr. Speaker, as we are about to conclude this 
legislative session, I hope everyone here realizes the magnitude of 
what this bill before us does.
  Yes, we have got a lot going on. We are distracted. We are eager to 
finish up business and start a transition period. But, as Congressman 
Takano just said, this is transformative. This creates a blueprint of 
the architecture for a 21st century VA. And why? As Congressman Roe 
pointed out, we have had extreme difficulties and complexities and 
problems in the VA with service delivery as well as budgetary cost 
overruns.

                              {time}  1430

  We have had for a very long time an aging hospital in Omaha. We have 
had a community that is very eager to find a new innovative way out of 
this problem. We have a pot of money that has been sitting here for a 
very long time and will continue to sit here for a very long time 
unless we become innovative, unless we do something different.
  That is what Congressman Ashford has done with the rest of the 
Federal delegation from Nebraska, including Senator Fischer. He has 
come up with an innovative transformative model that will create a new 
center of excellence based on a public-private partnership, using 
existing Federal moneys, using a base of community support that has 
already come forward looking to help the VA better integrate with the 
private facilities that already exist in the community of Omaha, which 
are quite extraordinary. As Congressman Takano said, this is a win-win-
win.
  I want to congratulate my friend and colleague, Congressman Ashford, 
for his extraordinary leadership and vision in this regard as well as 
the integrity to stay with it until the very end. We have had some 
complexities along the way, but it is my hope, Mr. Chairman, 
particularly as you take over the reins of the entire committee, that 
you will help us implement this rapidly, as I know you will, because it 
is a transformative mechanism by which we are going to deliver the 
highest and best possible care for our veterans back home.
  Mr. TAKANO. Mr. Speaker, I yield 5 minutes to the gentleman from 
Nebraska (Mr. Ashford), who had the tenacity to stick it through and 
bring this legislation finally in this form to the floor.
  Mr. ASHFORD. Mr. Speaker, I thank Ranking Member Takano, Chairman 
Roe, certainly Chairman Miller, and Mr. Speaker for bringing this 
important bill up for a vote today.
  H.R. 5099, the CHIP IN for Vets Act, was introduced by myself and 
others in the House and by my good friend and colleague, Senator Deb 
Fischer, in the United States Senate. There is an identical bill in the 
Senate awaiting action as we speak.
  As has been suggested and mentioned, this bill allows for the 
Department of Veterans Affairs to enter into donation agreements with 
community groups in order to complete VA construction projects. This is 
a new and innovative idea not necessarily brought to this body by 
myself, but by so many other people, as has been mentioned, who have 
worked on this bill for literally 2 years. I appreciate my good friend, 
Congressman Fortenberry from Lincoln, Nebraska, for his comments and 
his ability to hold me back from time to time as we proceeded down this 
course.
  I think when we started out with this process, what I was focused on 
was the idea that in our own communities it is veterans who can make 
those tough decisions as to what their needs are. Nobody better than 
our veterans understands those needs. What this bill will allow us to 
do is to combine community donors with veterans to actually involve 
themselves together in the development of these projects. Certainly in 
Omaha, in my community in Iowa, and Nebraska area, we have had a need 
for such a renovated facility for many, many years.
  My bill, I believe, empowers our veterans. It puts an end to the 
decades-long wait for hundreds of thousands of veterans in my area who 
have been promised new facilities. I think, as clearly as Congressman 
Fortenberry, Ranking Member Takano, and Chairman Roe mentioned, that 
this really does open up opportunities for VA facilities across the 
entire country and starts the course moving forward.
  Let me just conclude by thanking so many of you. I would be here much 
longer than 5 minutes if I were going to name everyone, but certainly I 
appreciate my cosponsors, Congressman Walz from Minnesota, Congressman 
Fortenberry, Congressman Smith from Nebraska, Congressman Dave Young 
from across the river in Iowa.
  I thank Chairman Miller, who gave me the opportunity to discuss, even 
on weekends, some of the positive elements of what we were trying to do 
in Nebraska.
  Lastly, thanks to the staff and certainly my staff leader on this 
bill, Denise Fleming. I am going to be in the House only a few more 
weeks, but I can't say that she is actually welcoming me leaving, but 
she certainly has been a tenacious advocate and has worked very, very 
hard.
  There have been other staff members as well, and certainly they have 
all added a tremendous amount to this bill: Christine Hill and Grace 
Rodden most particularly.
  Moving this bill ensures that Senator Fischer's bill, which is now in 
the Senate, can move in the Senate and become law so we can begin this 
project now. My friends in Omaha, in Nebraska, and Iowa are ready to 
donate what is necessary to unleash, as Mr. Fortenberry suggests, the 
money that has already been appropriated for our Omaha facility.
  Lastly, I would like to thank the Secretary of the Veterans 
Administration, Robert McDonald. I met Bob McDonald 2 years ago about 
just now when I was coming in to Congress. I suggested to him that we 
needed something to be done in Omaha, and I also suggested that I 
thought that our donor community and our veterans community would work 
together on an innovative public-private partnership to enable some 
sort of new way, some sort of center of excellence to develop; and 
certainly Secretary McDonald and his team have been great and have been 
so incredibly helpful in moving this along.
  Lastly, again, I thank my colleague and friend actually from our 
years together in the unicameral legislature in Nebraska, Deb Fischer, 
whose staff has been tireless and helpful in this matter.
  Mr. ROE of Tennessee. Mr. Speaker, I yield 3 minutes to the gentleman 
from Iowa (Mr. Young), my good friend, to speak on this issue.
  Mr. YOUNG of Iowa. Mr. Speaker, today I rise to speak in support of 
H.R. 5099, the bipartisan CHIP IN for Vets Act of 2016, which is 
sponsored by my colleague from across the river, Congressman Brad 
Ashford in Nebraska.
  Our veterans make great sacrifices in defense of our freedoms, and it 
is incumbent upon us to provide them with the best possible health care 
when they return home.
  Now, many of our Department of Veterans Affairs facilities are aging. 
They are in need of upgrades and repair, some complete overhauls, yet 
cost overruns and significant delays trouble VA construction programs 
and hinder work on other VA facilities in need of improvements.
  The CHIP IN for Vets Act of 2016 seeks to address some of these 
problems by authorizing the VA to carry out a 5-year pilot program 
examining the feasibility of leveraging private donations to construct 
new VA facilities, that public-private partnership.
  This is a new way of doing things and a unique opportunity for the 
taxpayer and for veterans. This bill could help facilities--and it 
will--like the Omaha VA Medical Center, which serve my constituents in 
Iowa as well as those in Nebraska.
  Now, I appreciate my colleague's work, Congressman Ashford, for 
pushing this bill along. I was proud to sign

[[Page H7306]]

on as a cosponsor. Congressman Ashford has shown great leadership and 
tenacity in getting this bill over the finish line. That is what he 
came here to do, to get things done.
  I urge my colleagues to support this bill.
  Mr. TAKANO. Mr. Speaker, I yield myself the balance of my time.
  I want to add some more comments about the legislation that we are 
about to pass. I concur in and associate myself with the remarks of my 
colleague from Nebraska, Mr. Fortenberry. I certainly want to extend my 
appreciation to the majority for its generosity of spirit in this 
particular case. If there is anything that fills me with great hope 
that we can restore the esteem of this great institution in the eyes of 
the American people, it is when we pass legislation such as Mr. 
Ashford's bill today. We rose above politics--both sides rose above 
politics--to do the right thing for veterans. It was our regard for 
veterans that brought us together. It is fitting that this action is 
happening in the heartland of our country. This is no small measure 
today. The American people do not really see the drama. It looks very 
effortless about what we are going to do because it is going to be 
voice voted. No real big drama is going to play out in front of 
everybody, but I am going to tell you that Republicans and Democrats 
worked together.
  I want to congratulate and show my appreciation to my whip, Mr. 
Hoyer. He worked his relationships with some Members on the other side 
in the Senate, and it showed that we shouldn't be so hasty to move our 
more senior Members so quickly out of their positions because these 
relationships matter after so many years. I will go more into detail 
with anyone who cares to know more about it later. Mr. McCarthy, of my 
home State of California, my own Leader Pelosi, and staff on both sides 
of the aisle worked tirelessly to bring this bill.
  We are about to head home for the holiday season, and I can't think 
of a greater gift that we can give--well, I can think of a lot of 
greater gifts, but this is a very important gift that we are going to 
give. It is truly a potentially transformative piece of legislation.
  Mr. Speaker, I have no further speakers at this time. I just want to 
encourage all of my colleagues to support this important piece of 
legislation and join me in passing H.R. 5099, as amended.
  Mr. Speaker, I yield back the balance of my time.
  Mr. ROE of Tennessee. Mr. Speaker, I yield myself the balance of my 
time.
  I, too, want to associate myself with the remarks of all the speakers 
and thank Mr. Ashford for his perseverance in bringing this, along with 
Mr. Fortenberry on our side and Chairman Miller and Ranking Member 
Takano. This is the way we are going to have to do this more. There is 
a finite amount of money we have. There is a finite amount of money we 
can provide for services, and looking for public-private partnerships, 
as my city in Johnson City, Tennessee, is doing right now with other 
projects. I think this is a model for what could go on in the country.
  I have a CBOC in my district where the local mayor provided use at a 
hospital for a dollar a year for the VA to have the VA facility there. 
I think that is going on in Nebraska right now. They are trying to see 
that happen. We need to be thinking about how we can provide these 
facilities to serve these great veterans who have served our country.
  Mr. Speaker, I encourage all Members to support this legislation.
  I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Rodney Davis of Illinois). The question 
is on the motion offered by the gentleman from Tennessee (Mr. Roe) that 
the House suspend the rules and pass the bill, H.R. 5099, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________