[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Pages S6051-S6052]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    CHIP-IN IMPROVEMENT ACT OF 2022

  Mr. SCHUMER. Mr. President, I ask unanimous consent the Senate 
proceed to the immediate consideration of S. 5059, introduced earlier 
today.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (S. 5059) to improve the pilot program on acceptance 
     by the Department of Veterans Affairs of donated facilities 
     and related improvements to account for issues related to 
     inflation, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. SCHUMER. I ask unanimous consent that the bill be considered read 
a third time and passed, and that the motion to reconsider be 
considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 5059) was ordered to be engrossed for a third reading, 
was read the third time, and passed, as follows:

                                S. 5059

       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--

[[Page S6052]]

       ``(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.

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