[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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