[114th Congress Public Law 294]
[From the U.S. Government Publishing Office]
[[Page 1503]]
COMMUNITIES HELPING INVEST THROUGH PROPERTY AND IMPROVEMENTS NEEDED FOR
VETERANS ACT OF 2016
[[Page 130 STAT. 1504]]
Public Law 114-294
114th Congress
An Act
To establish a pilot program on partnership agreements to construct new
facilities for the Department of Veterans Affairs. <<NOTE: Dec. 16,
2016 - [H.R. 5099]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Communities
Helping Invest through Property and Improvements Needed for Veterans
Act of 2016. 38 USC 8103 note.>>
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--
[[Page 130 STAT. 1505]]
(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) <<NOTE: Compliance. Permits.>> 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.--
[[Page 130 STAT. 1506]]
(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
[[Page 130 STAT. 1507]]
enter into other arrangements or agreements that are authorized by law
and not inconsistent with this section.
Approved December 16, 2016.
LEGISLATIVE HISTORY--H.R. 5099:
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HOUSE REPORTS: No. 114-814 (Comm. on Veterans' Affairs).
CONGRESSIONAL RECORD, Vol. 162 (2016):
Dec. 7, considered and passed House.
Dec. 9, considered and passed Senate.
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