Text: H.R.5099 — 114th Congress (2015-2016)All Information (Except Text)

Text available as:

Shown Here:
Public Law No: 114-294 (12/16/2016)

 
[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:
---------------------------------------------------------------------------

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.

                                  <all>