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10 U.S.C. § 1104aShared medical facilities with Department of Veterans Affairs

submitted 5 years ago by Pub. L. 117-81 to r/title-10-ARMED-FORCES · 584 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretaries of Defense and Veterans Affairs may agree to plan, build, lease, and fund shared medical facilities. The section authorizes specified transfers, limits them to appropriated amounts, and defines “shared medical facility” to include the building and necessary supporting structures.

(a) The Secretary of Defense may enter into agreements with the Secretary of Veterans Affairs to plan, design, and build facilities, or lease them, for use as shared medical facilities. (b)(1) The Secretary of Defense may transfer to the Secretary of Veterans Affairs— (A) for construction, no more than the amount authorized under section 2805(a)(2), if the Department of Defense's share of the estimated project cost does not exceed that amount and the other requirements of section 2805 have been met for the funds identified for transfer; and (B) for planning, design, construction, or leasing space, amounts appropriated for the Defense Health Program. (2) This transfer authority is in addition to other transfer authority available to the Secretary of Defense. (3) Section 2215 does not apply to transfers under this subsection. (c)(1) Money the Secretary of Veterans Affairs transfers to the Secretary of Defense for necessary expenses of a shared medical facility may be credited to Defense Department accounts available for construction if the Defense Department's share does not exceed section 2805(a)(2)'s amount. (2) Money transferred for planning, design, or leasing space may be credited to Defense Department accounts available for those purposes and used for them. (3) The Secretary of Defense may use accounts credited under paragraph (1) for unspecified minor military construction projects if the Defense Department's share does not exceed section 2805(a)(2)'s amount. (d) Transfers under subsections (b) and (c) are combined with, and available for the same purposes and period as, the appropriation or fund receiving them. (e) Funds may be transferred only to the extent and in the amounts provided in advance by appropriations Acts. (f) “Shared medical facility” means a building, buildings, or campus intended for both Departments to provide health care, whether controlled by either Secretary and whether or not on a military installation or Veterans Affairs real property. It includes necessary buildings and auxiliary structures, garages, parking facilities, mechanical equipment, abutting and covered sidewalks, and accommodations for attending personnel. This section does not otherwise define the quoted term.
the actual law source: uscode.house.gov ↗public domain
(a)Agreements.—

Secretary of Defense may enter into agreements with the Secretary of Veterans Affairs for the planning, design, and construction, or the leasing, of facilities to be operated as shared medical facilities.

(b)Transfer of Funds by Secretary of Defense.—
(1)

The Secretary of Defense may transfer to the Secretary of Veterans Affairs amounts as follows:

(A)

For the construction of a shared medical facility, amounts not in excess of the amount authorized under subsection (a)(2) of section 2805 of this title, if—

(i)

the amount of the share of the Department of Defense for the estimated cost of the project does not exceed the amount authorized under such subsection; and

(ii)

the other requirements of such section have been met with respect to funds identified for transfer.

(B)

For the planning, design, and construction, or the leasing, of space for a shared medical facility, amounts appropriated for the Defense Health Program.

(2)

The authority to transfer funds under this section is in addition to any other authority to transfer funds available to the Secretary of Defense.

(3)

Section 2215 of this title does not apply to a transfer of funds under this subsection.

(c)Transfer of Funds to Secretary of Defense.—
(1)

Any amount transferred to the Secretary of Defense by the Secretary of Veterans Affairs for necessary expenses for the planning, design, and construction, or the leasing, of a shared medical facility, if the amount of the share of the Department of Defense for the cost of such project does not exceed the amount specified in section 2805(a)(2) of this title, may be credited to accounts of the Department of Defense available for the construction of a shared medical facility.

(2)

Any amount transferred to the Secretary of Defense by the Secretary of Veterans Affairs for the purpose of the planning and design, or the leasing, of space for a shared medical facility may be credited to accounts of the Department of Defense available for such purposes, and may be used for such purposes.

(3)

Using accounts credited with transfers from the Secretary of Veterans Affairs under paragraph (1), the Secretary of Defense may carry out unspecified minor military construction projects, if the share of the Department of Defense for the cost of such project does not exceed the amount specified in section 2805(a)(2) of this title.

(d)Merger of Amounts Transferred.—

Any amount transferred to the Secretary of Veterans Affairs under subsection (b) and any amount transferred to the Secretary of Defense under subsection (c) shall be merged with and available for the same purposes and the same period as the appropriation or fund to which transferred.

(e)Appropriation in Advance.—

Amounts may be transferred pursuant to the authority under this section only to the extent and in the amounts provided in advance in appropriations Acts.

(f)Shared Medical Facility Defined.—

In this section, the term “shared medical facility”—

(1)

means a building or buildings, or a campus, intended to be used by both the Department of Veterans Affairs and the Department of Defense for the provision of health care services, whether under the jurisdiction of the Secretary of Veterans Affairs or the Secretary of Defense, and whether or not located on a military installation or on real property under the jurisdiction of the Secretary of Veterans Affairs; and

(2)

includes any necessary building and auxiliary structure, garage, parking facility, mechanical equipment, abutting and covered sidewalks, and accommodations for attending personnel.

Source credit: (Added Pub. L. 117–81, div. A, title VII, § 714(a)(1), Dec. 27, 2021, 135 Stat. 1785; amended Pub. L. 117–168, title VII, § 706(a), Aug. 10, 2022, 136 Stat. 1800.)

history & why it existsrecord from the source credit
  • 2021Enacted · Pub. L. 117-81 · 135 Stat. 1785
  • 2022Amended · Pub. L. 117-168 · 136 Stat. 1800

A history note hasn’t been published yet. The record shows enactment by Pub. L. 117-81 on 2021-12-27.

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