-CITE-

38 USC CHAPTER 81 - ACQUISITION AND OPERATION OF HOSPITAL

AND DOMICILIARY FACILITIES; PROCUREMENT AND

SUPPLY; ENHANCED-USE LEASES OF REAL PROPERTY 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 81 - ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY

FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE

LEASES OF REAL PROPERTY

-HEAD-

CHAPTER 81 - ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY

FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE LEASES OF REAL

PROPERTY

-MISC1-

SUBCHAPTER I - ACQUISITION AND OPERATION OF MEDICAL FACILITIES

Sec.

8101. Definitions.

8102. Acquisition of medical facilities.

8103. Authority to construct and alter, and to acquire sites

for, medical facilities.

8104. Congressional approval of certain medical facility

acquisitions.

8105. Structural requirements.

8106. Construction contracts.

8107. Operational and construction plans for medical

facilities.

8108. Contributions to local authorities.

8109. Parking facilities.

8110. Operation of medical facilities.

8111. Sharing of Department of Veterans Affairs and

Department of Defense health care resources.

8111A. Furnishing of health-care services to members of the

Armed Forces during a war or national emergency.

8112. Partial relinquishment of legislative jurisdiction.

8113. Property formerly owned by National Home for Disabled

Volunteer Soldiers.

8114. Use of federally owned facilities; use of personnel.

8115. Acceptance of certain property.

8116. Nursing home revolving fund.

8117. Emergency preparedness.

SUBCHAPTER II - PROCUREMENT AND SUPPLY

8121. Revolving supply fund.

8122. Authority to procure and dispose of property and to

negotiate for common services.

8123. Procurement of prosthetic appliances.

8124. Grant of easements in Government-owned lands.

8125. Procurement of health-care items.

8126. Limitation on prices of drugs procured by Department

and certain other Federal agencies.

SUBCHAPTER III - STATE HOME FACILITIES FOR FURNISHING DOMICILIARY,

NURSING HOME, AND HOSPITAL CARE

8131. Definitions.

8132. Declaration of purpose.

8133. Authorization of appropriations.

8134. General regulations.

8135. Applications with respect to projects; payments.

8136. Recapture provisions.

8137. State control of operations.

SUBCHAPTER IV - SHARING OF MEDICAL FACILITIES, EQUIPMENT, AND

INFORMATION

8151. Statement of congressional purpose.

8152. Definitions.

8153. Sharing of health-care resources.

8154. Exchange of medical information.

8155. Pilot programs; grants to medical schools.

8156. Coordination with health services development

activities carried out under the National Health

Planning and Resources Development Act of 1974.

8157. Joint title to medical equipment.

8158. Deposit in escrow.

SUBCHAPTER V - ENHANCED-USE LEASES OF REAL PROPERTY

8161. Definitions.

8162. Enhanced-use leases.

8163. Designation of property to be leased.

8164. Authority for disposition of leased property.

8165. Use of proceeds.

8166. Construction standards.

8167. Exemption from State and local taxes.

[8168. Repealed.]

8169. Expiration.

AMENDMENTS

2002 - Pub. L. 107-314, div. A, title VII, Sec. 721(a)(2), Dec.

2, 2002, 116 Stat. 2595, substituted "Sharing of Department of

Veterans Affairs and Department of Defense health care resources"

for "Sharing of Department and Department of Defense health-care

resources" in item 8111.

Pub. L. 107-287, Sec. 6(a)(2), Nov. 7, 2002, 116 Stat. 2032,

added item 8117.

1997 - Pub. L. 105-114, title II, Sec. 205(b)(2), Nov. 21, 1997,

111 Stat. 2289, struck out item 8168 "Limitation on number of

agreements".

1996 - Pub. L. 104-262, title III, Sec. 301(d)(2), Oct. 9, 1996,

110 Stat. 3193, substituted "Sharing of health-care resources" for

"Specialized medical resources" in item 8153.

1994 - Pub. L. 103-446, title XII, Sec. 1201(h)(5), (6), Nov. 2,

1994, 108 Stat. 4688, inserted "ENHANCED-USE" before "LEASES OF

REAL" in chapter heading and "and certain other Federal agencies"

after "Department" in item 8126.

1992 - Pub. L. 102-585, title VI, Sec. 603(a)(2), Nov. 4, 1992,

106 Stat. 4975, added item 8126.

Pub. L. 102-405, title I, Sec. 103(a)(2), Oct. 9, 1992, 106 Stat.

1975, added items 8157 and 8158.

1991 - Pub. L. 102-86, title IV, Sec. 401(b)(1), (3), Aug. 14,

1991, 105 Stat. 422, inserted "; LEASES OF REAL PROPERTY" in

chapter heading and added analysis for subchapter V.

Pub. L. 102-83, Sec. 4(a)(3), (4), Aug. 6, 1991, 105 Stat. 404,

substituted "Department and" for "Veterans' Administration and" in

item 8111.

Pub. L. 102-54, Sec. 14(f)(1), June 13, 1991, 105 Stat. 287,

amended the table of sections as in effect immediately before the

enactment of Pub. L. 102-40 by transferring item 5016 so as to

appear immediately after item 5015 and by substituting "payments"

for "Payments" in item 5035.

Pub. L. 102-40, title IV, Sec. 402(c)(1), May 7, 1991, 105 Stat.

239, renumbered items 5001 to 5056 as 8101 to 8156, respectively.

1988 - Pub. L. 100-322, title II, Sec. 205(b), May 20, 1988, 102

Stat. 513, added at end item 5016.

Pub. L. 100-322, title IV, Sec. 403(a)(2), May 20, 1988, 102

Stat. 545, added item 5025.

1986 - Pub. L. 99-576, title II, Secs. 223(a)(2), 231(c)(2)(B),

Oct. 28, 1986, 100 Stat. 3261, 3264, substituted "Parking

facilities" for "Garages and parking facilities" in item 5009 and

struck out item 5057 "Reports to Congress".

1985 - Pub. L. 99-166, title III, Sec. 302(c)(2), Dec. 3, 1985,

99 Stat. 955, substituted "Operational and construction plans for

medical facilities" for "Reports to congressional committees" in

item 5007.

1982 - Pub. L. 97-174, Secs. 3(b)(2), 4(b), May 4, 1982, 96 Stat.

74, 75, substituted "Sharing of Veterans' Administration and

Department of Defense health-care resources" for "Use of Armed

Forces facilities" in item 5011, and added item 5011A.

1979 - Pub. L. 96-22, title III, Sec. 301(c), June 13, 1979, 93

Stat. 61, substituted "ACQUISITION AND OPERATION OF MEDICAL

FACILITIES" for "PROVISIONS RELATING TO HOSPITALS AND HOMES" in

heading for subchapter I, substituted "Definitions" for "Hospital

and domiciliary facilities" in item 5001, "Acquisition of medical

facilities" for "Construction and repair of buildings" in item

5002, "Authority to construct and alter, and acquire sites for,

medical facilities" for "Use of Armed Forces facilities" in item

5003, "Congressional approval of certain medical facility

acquisitions" for "Garages and parking facilities" in item 5004,

"Structural requirements" for "Acceptance of certain property" in

item 5005, "Construction contracts" for "Property formerly owned by

National Home for Disabled Volunteer Soldiers" in item 5006, and

"Reports to congressional committees" for "Partial relinquishment

of legislative jurisdiction" in item 5007, added items 5008 to

5015, and redesignated former items 5011 to 5014 as 5021 to 5024,

respectively.

1977 - Pub. L. 95-62, Sec. 4(c), July 5, 1977, 91 Stat. 263,

substituted "DOMICILIARY, NURSING HOME, AND HOSPITAL CARE" for

"NURSING HOME CARE" in heading for subchapter III.

1976 - Pub. L. 94-581, title I, Sec. 115(b), Oct. 21, 1976, 90

Stat. 2853, substituted "health services development activities

carried out under the National Health Planning and Resources

Development Act of 1974" for "programs carried out under the Heart

Disease, Cancer, and Stroke Amendments of 1965" in item 5056.

1973 - Pub. L. 93-82, title III, Sec. 302(3), Aug. 2, 1973, 87

Stat. 195, added item 5007.

1966 - Pub. L. 89-785, title II, Secs. 201(b), 202(c), 2, Nov. 7,

1966, 80 Stat. 1372, 1373, 1376, substituted "Garages and parking

facilities" for "Garages on hospital and domiciliary reservations"

in item 5004, inserted "and to negotiate for common services" in

item 5012, and added heading for subchapter IV and items 5051 to

5056 and 5075.

1964 - Pub. L. 88-450, Sec. 4(b), Aug. 19, 1964, 78 Stat. 503,

added heading for subchapter III and items 5031 to 5037.

-End-

-CITE-

38 USC SUBCHAPTER I - ACQUISITION AND OPERATION OF

MEDICAL FACILITIES 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 81 - ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY

FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE

LEASES OF REAL PROPERTY

SUBCHAPTER I - ACQUISITION AND OPERATION OF MEDICAL FACILITIES

-HEAD-

SUBCHAPTER I - ACQUISITION AND OPERATION OF MEDICAL FACILITIES

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 115 of this title.

-End-

-CITE-

38 USC Sec. 8101 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 81 - ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY

FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE

LEASES OF REAL PROPERTY

SUBCHAPTER I - ACQUISITION AND OPERATION OF MEDICAL FACILITIES

-HEAD-

Sec. 8101. Definitions

-STATUTE-

For the purposes of this subchapter:

(1) The term "alter", with respect to a medical facility, means

to repair, remodel, improve, or extend such medical facility.

(2) The terms "construct" and "alter", with respect to a medical

facility, include such engineering, architectural, legal, fiscal,

and economic investigations and studies and such surveys, designs,

plans, construction documents, specifications, procedures, and

other similar actions as are necessary for the construction or

alteration, as the case may be, of such medical facility and as are

carried out after the completion of the advanced planning

(including the development of project requirements and design

development) for such facility.

(3) The term "medical facility" means any facility or part

thereof which is, or will be, under the jurisdiction of the

Secretary for the provision of health-care services (including

hospital, nursing home, or domiciliary care or medical services),

including any necessary building and auxiliary structure, garage,

parking facility, mechanical equipment, trackage facilities leading

thereto, abutting sidewalks, accommodations for attending

personnel, and recreation facilities associated therewith.

(4) The term "committee" means the Committee on Veterans' Affairs

of the House of Representatives or the Committee on Veterans'

Affairs of the Senate, and the term "committees" means both such

committees.

-SOURCE-

(Added Pub. L. 96-22, title III, Sec. 301(a), June 13, 1979, 93

Stat. 55, Sec. 5001; renumbered Sec. 8101, Pub. L. 102-40, title

IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L.

102-83, Sec. 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405;

Pub. L. 104-262, title II, Sec. 207(a), Oct. 9, 1996, 110 Stat.

3190.)

-MISC1-

AMENDMENTS

1996 - Par. (2). Pub. L. 104-262 substituted "construction

documents" for "working drawings" and "design development" for

"preliminary plans".

1991 - Pub. L. 102-40 renumbered section 5001 of this title as

this section.

Par. (3). Pub. L. 102-83 substituted "Secretary" for

"Administrator".

EFFECTIVE DATE

Section 302 of Pub. L. 96-22 provided that:

"(a) Except as provided in subsection (b) of this section, the

amendments made by section 301 [enacting this subchapter,

redesignating sections 5011 to 5014 of this title as sections 5021

to 5024 [now 8121 to 8124], respectively, and amending section 5022

[now 8122] of this title as so redesignated] shall take effect on

October 1, 1979.

"(b)(1) The amendments made by section 301 shall not apply with

respect to the acquisition, construction, or alteration of any

medical facility (as defined in section 5001(3) [now 8101(3)] of

title 38, United States Code, as amended by section 301(a) of this

Act) if such acquisition, construction, or alteration (not

including exchange) was approved before October 1, 1979, by the

President.

"(2) The provisions of section 5007(a) [now 8107(a)] of title 38,

United States Code, as amended by section 301(a) of this Act, shall

take effect on the date of the enactment of this Act [June 13,

1979]."

-End-

-CITE-

38 USC Sec. 8102 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 81 - ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY

FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE

LEASES OF REAL PROPERTY

SUBCHAPTER I - ACQUISITION AND OPERATION OF MEDICAL FACILITIES

-HEAD-

Sec. 8102. Acquisition of medical facilities

-STATUTE-

(a) The Secretary shall provide medical facilities for veterans

entitled to hospital, nursing home, or domiciliary care or medical

services under this title.

(b) No medical facility may be constructed or otherwise acquired

or altered except in accordance with the provisions of this

subchapter.

(c) In carrying out this subchapter, the Secretary -

(1) shall provide for the construction and acquisition of

medical facilities in a manner that results in the equitable

distribution of such facilities throughout the United States,

taking into consideration the comparative urgency of the need for

the services to be provided in the case of each particular

facility; and

(2) shall give due consideration to excellence of architecture

and design.

(d) In considering the need for any project for the construction,

alteration, or acquisition (other than by exchange) of a medical

facility which is expected to involve a total expenditure of more

than $2,000,000, the Secretary shall give consideration to the

sharing of health-care resources with the Department of Defense

under section 8111 of this title as an alternative to all or part

of such project.

-SOURCE-

(Added Pub. L. 96-22, title III, Sec. 301(a), June 13, 1979, 93

Stat. 55, Sec. 5002; amended Pub. L. 99-576, title II, Sec. 221(a),

Oct. 28, 1986, 100 Stat. 3259; renumbered Sec. 8102 and amended

Pub. L. 102-40, title IV, Sec. 402(b)(1), (d)(1), May 7, 1991, 105

Stat. 238, 239; Pub. L. 102-54, Sec. 14(f)(2), June 13, 1991, 105

Stat. 287; Pub. L. 102-83, Sec. 4(b)(1), (2)(E), Aug. 6, 1991, 105

Stat. 404, 405.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-40, Sec. 402(b)(1), renumbered section 5002 of

this title as this section.

Subsecs. (a), (c). Pub. L. 102-83 substituted "Secretary" for

"Administrator".

Subsec. (d). Pub. L. 102-83 substituted "Secretary" for

"Administrator".

Pub. L. 102-54 amended subsec. (d) as in effect immediately

before the enactment of Pub. L. 102-40 by substituting "section

5011" for "section 5001".

Pub. L. 102-40, Sec. 402(d)(1), amended subsec. (d), as amended

by Pub. L. 102-54, by substituting "8111" for "5011". See above.

1986 - Subsec. (d). Pub. L. 99-576 added subsec. (d).

-End-

-CITE-

38 USC Sec. 8103 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 81 - ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY

FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE

LEASES OF REAL PROPERTY

SUBCHAPTER I - ACQUISITION AND OPERATION OF MEDICAL FACILITIES

-HEAD-

Sec. 8103. Authority to construct and alter, and to acquire sites

for, medical facilities

-STATUTE-

(a) Subject to section 8104 of this title, the Secretary -

(1) may construct or alter any medical facility and may

acquire, by purchase, lease, condemnation, donation, exchange, or

otherwise, such land or interests in land as the Secretary

considers necessary for use as the site for such construction or

alteration;

(2) may acquire, by purchase, lease, condemnation, donation,

exchange, or otherwise, any facility (including the site of such

facility) that the Secretary considers necessary for use as a

medical facility; and

(3) in order to assure compliance with section 8110(a)(2) of

this title, in the case of any outpatient medical facility for

which it is proposed to lease space and for which a qualified

lessor and an appropriate leasing arrangement are available,

shall execute a lease for such facility within 12 months after

funds are made available for such purpose.

(b) Whenever the Secretary considers it to be in the interest of

the United States to construct a new medical facility to replace an

existing medical facility, the Secretary (1) may demolish the

existing facility and use the site on which it is located for the

site of the new medical facility, or (2) if in the judgment of the

Secretary it is more advantageous to construct such medical

facility on a different site in the same locality, may exchange

such existing facility and the site of such existing facility for

the different site.

(c) Whenever the Secretary determines that any site acquired for

the construction of a medical facility is not suitable for that

purpose, the Secretary may exchange such site for another site to

be used for that purpose or may sell such site.

(d)(1) The Secretary may provide for the acquisition of not more

than three facilities for the provision of outpatient services or

nursing home care through lease-purchase arrangements on real

property under the jurisdiction of the Department of Veterans

Affairs.

(2)(A) In carrying out this subsection and notwithstanding any

other provision of law, the Secretary may lease, with or without

compensation and for a period of not to exceed 35 years, to another

party any of the real property described in paragraph (1) of this

subsection.

(B) Such real property shall be used as the site of a facility

referred to in paragraph (1) of this subsection -

(i) constructed and owned by the lessee of such real property;

and

(ii) leased under paragraph (3)(A) of this subsection to the

Department for such use and for such other activities as the

Secretary determines are appropriate.

(3)(A) The Secretary may enter into a lease for the use of any

facility described in paragraph (2)(B) of this subsection for not

more than 35 years under such terms and conditions as may be in the

best interests of the Department.

(B) Each agreement to lease a facility under subparagraph (A) of

this paragraph shall include a provision that -

(i) the obligation of the United States to make payments under

the agreement is subject to the availability of appropriations

for that purpose; and

(ii) the ownership of such facility shall vest in the United

States at the end of such lease.

(4)(A) The Secretary may sublease any space in such a facility to

another party at a rate not less than -

(i) the rental rate paid by the Secretary for such space under

paragraph (3) of this subsection; plus

(ii) the amount the Secretary pays for the costs of

administering such facility (including operation, maintenance,

utility, and rehabilitation costs) which are attributable to such

space.

(B) In any such sublease, the Secretary shall include such terms

relating to default and nonperformance as the Secretary considers

appropriate to protect the interests of the United States.

(5) The Secretary shall use the receipts of any payment for the

lease of real property under paragraph (2) for the payment of the

lease of a facility under paragraph (3).

(6) The authority to enter into an agreement under this

subsection -

(A) shall not take effect until the Secretary has entered into

agreements under section 316 of this title to carry out at least

three collocations; and

(B) shall expire on October 1, 1993.

-SOURCE-

(Added Pub. L. 96-22, title III, Sec. 301(a), June 13, 1979, 93

Stat. 56, Sec. 5003; amended Pub. L. 101-237, title VI, Sec.

603(b), Dec. 18, 1989, 103 Stat. 2097; renumbered Sec. 8103 and

amended Pub. L. 102-40, title IV, Sec. 402(b)(1), (d)(1), May 7,

1991, 105 Stat. 238, 239; Pub. L. 102-83, Sec. 4(b)(1), (2)(E),

Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 103-446, title XII, Sec.

1201(d)(16), Nov. 2, 1994, 108 Stat. 4684.)

-MISC1-

AMENDMENTS

1994 - Subsec. (d)(6)(A). Pub. L. 103-446 substituted "section

316" for "section 230(c)".

1991 - Pub. L. 102-40, Sec. 402(b)(1), renumbered section 5003 of

this title as this section.

Subsec. (a). Pub. L. 102-83 substituted "Secretary" for

"Administrator" wherever appearing.

Pub. L. 102-40, Sec. 402(d)(1), substituted "8104" for "5004" in

introductory provisions and "8110(a)(2)" for "5010(a)(2)" in par.

(3).

Subsecs. (b), (c). Pub. L. 102-83 substituted "Secretary" for

"Administrator" wherever appearing.

1989 - Subsec. (d). Pub. L. 101-237 added subsec. (d).

DEVELOPMENT OF MEDICAL-FACILITY MODULAR COMPONENTS

Pub. L. 99-166, title III, Sec. 304, Dec. 3, 1985, 99 Stat. 956,

directed Administrator of Veterans' Affairs, not later than one

year after Dec. 3, 1985, to develop a modular approach to planning

and design of an appropriate Veterans' Administration medical

facility for furnishing of hospital care.

-End-

-CITE-

38 USC Sec. 8104 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 81 - ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY

FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE

LEASES OF REAL PROPERTY

SUBCHAPTER I - ACQUISITION AND OPERATION OF MEDICAL FACILITIES

-HEAD-

Sec. 8104. Congressional approval of certain medical facility

acquisitions

-STATUTE-

(a)(1) The purpose of this subsection is to enable Congress to

ensure the equitable distribution of medical facilities throughout

the United States, taking into consideration the comparative

urgency of the need for the services to be provided in the case of

each particular facility.

(2) No funds may be appropriated for any fiscal year, and the

Secretary may not obligate or expend funds (other than for advance

planning and design), for any major medical facility project or any

major medical facility lease unless funds for that project or lease

have been specifically authorized by law.

(3) For the purpose of this subsection:

(A) The term "major medical facility project" means a project

for the construction, alteration, or acquisition of a medical

facility involving a total expenditure of more than $4,000,000,

but such term does not include an acquisition by exchange.

(B) The term "major medical facility lease" means a lease for

space for use as a new medical facility at an average annual

rental of more than $600,000.

(b) Whenever the President or the Secretary submit to the

Congress a request for the funding of a major medical facility

project (as defined in subsection (a)(3)(A)) or a major medical

facility lease (as defined in subsection (a)(3)(B)), the Secretary

shall submit to each committee, on the same day, a prospectus of

the proposed medical facility. Any such prospectus shall include

the following:

(1) A detailed description of the medical facility to be

constructed, altered, leased, or otherwise acquired under this

subchapter, including a description of the location of such

facility and, in the case of a prospectus proposing the

construction of a new or replacement medical facility, a

description of the consideration that was given to acquiring an

existing facility by lease or purchase and to the sharing of

health-care resources with the Department of Defense under

section 8111 of this title.

(2) An estimate of the cost to the United States of the

construction, alteration, lease, or other acquisition of such

facility (including site costs, if applicable).

(3) An estimate of the cost to the United States of the

equipment required for the operation of such facility.

(4) Demographic data applicable to such facility, including

information on projected changes in the population of veterans to

be served by the facility over a five-year period and a ten-year

period.

(5) Current and projected workload and utilization data

regarding the facility.

(6) Current and projected operating costs of the facility,

including both recurring and non-recurring costs.

(7) The priority score assigned to the project or lease under

the Department's prioritization methodology and, if the project

or lease is being proposed for funding before a project or lease

with a higher score, a specific explanation of the factors other

than the priority score that were considered and the basis on

which the project or lease is proposed for funding ahead of

projects or leases with higher priority scores.

(8) In the case of a prospectus proposing the construction of a

new or replacement medical facility, a description of each

alternative to construction of the facility that was considered.

(c) Not less than 30 days before obligating funds for a major

medical facility project approved by a law described in subsection

(a)(2) of this section in an amount that would cause the total

amount obligated for that project to exceed the amount specified in

the law for that project (or would add to total obligations

exceeding such specified amount) by more than 10 percent, the

Secretary shall provide the committees with notice of the

Secretary's intention to do so and the reasons for the specified

amount being exceeded.

(d) In any case in which the Secretary proposes that funds be

used for a purpose other than the purpose for which such funds were

appropriated, the Secretary shall promptly notify each committee,

in writing, of the particulars involved and the reasons why such

funds were not used for the purpose for which appropriated.

(e) The Secretary may accept gifts or donations for any of the

purposes of this subchapter.

(f) The Secretary may not obligate funds in an amount in excess

of $500,000 from the Advance Planning Fund of the Department toward

design or development of a major medical facility project (as

defined in subsection (a)(3)(A)) until -

(1) the Secretary submits to the committees a report on the

proposed obligation; and

(2) a period of 30 days has passed after the date on which the

report is received by the committees.

-SOURCE-

(Added Pub. L. 96-22, title III, Sec. 301(a), June 13, 1979, 93

Stat. 56, Sec. 5004; amended Pub. L. 99-166, title III, Secs. 301,

303, Dec. 3, 1985, 99 Stat. 954, 955; Pub. L. 99-576, title II,

Sec. 221(b), Oct. 28, 1986, 100 Stat. 3259; Pub. L. 100-322, title

IV, Sec. 422, May 20, 1988, 102 Stat. 553; renumbered Sec. 8104 and

amended Pub. L. 102-40, title IV, Sec. 402(b)(1), (d)(1), May 7,

1991, 105 Stat. 238, 239; Pub. L. 102-83, Sec. 4(b)(1), (2)(E),

Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 102-405, title III, Sec.

301(a), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 103-79, Sec. 3(a),

Aug. 13, 1993, 107 Stat. 771; Pub. L. 104-262, title II, Secs.

205(a), 206(a), (c), Oct. 9, 1996, 110 Stat. 3189, 3190; Pub. L.

105-368, title VII, Sec. 704, Nov. 11, 1998, 112 Stat. 3350.)

-MISC1-

AMENDMENTS

1998 - Subsec. (a)(3)(B). Pub. L. 105-368 substituted "$600,000"

for "$300,000".

1996 - Subsec. (a)(3)(A). Pub. L. 104-262, Sec. 206(a),

substituted "$4,000,000" for "$3,000,000".

Subsec. (b). Pub. L. 104-262, Sec. 205(a)(1), inserted

introductory provisions and struck out former introductory

provisions which read as follows: "In the event that the President

or the Secretary proposes to the Congress the funding of any

construction, alteration, lease, or other acquisition to which

subsection (a) of this section is applicable, the Secretary shall

submit to each committee, on the same day, a prospectus of the

proposed medical facility. Such prospectus shall include - ".

Subsec. (b)(1) to (3). Pub. L. 104-262, Sec. 205(a)(2)-(4),

substituted "A detailed" for "a detailed" and "title." for "title;"

in par. (1), "An estimate" for "an estimate" and "applicable)." for

"applicable); and" in par. (2), and "An estimate" for "an estimate"

in par. (3).

Subsec. (b)(4) to (8). Pub. L. 104-262, Sec. 205(a)(5), added

pars. (4) to (8).

Subsec. (f). Pub. L. 104-262, Sec. 206(c), added subsec. (f).

1993 - Subsec. (a)(3)(A). Pub. L. 103-79 substituted "$3,000,000"

for "$2,000,000".

1992 - Subsec. (a)(2). Pub. L. 102-405, Sec. 301(a)(1), amended

par. (2) generally. Prior to amendment, par. (2) read as follows:

"It shall not be in order in the Senate or in the House of

Representatives to consider a bill, resolution, or amendment which

would make an appropriation for any fiscal year which may be

expended for a major medical facility project or a major medical

facility lease unless -

"(A) such bill, resolution, or amendment specifies the amount

to be appropriated for that project or lease,

"(B) the project or lease has been approved in a resolution

adopted by the Committee on Veterans' Affairs of that House, and

"(C) the amount to be appropriated for that project or lease is

no more than the amount specified in that resolution for that

project or lease for that fiscal year."

Subsec. (a)(3)(B). Pub. L. 102-405, Sec. 301(a)(2), inserted

"new" after "as a" and substituted "$300,000" for "$500,000".

Subsec. (c). Pub. L. 102-405, Sec. 301(a)(3), substituted "law"

for "resolution" in two places.

1991 - Pub. L. 102-40, Sec. 402(b)(1), renumbered section 5004 of

this title as this section.

Subsec. (b). Pub. L. 102-83 substituted "Secretary" for

"Administrator" in two places in introductory provisions.

Subsec. (b)(1). Pub. L. 102-40, Sec. 402(d)(1), substituted

"8111" for "5011".

Subsec. (c). Pub. L. 102-83 substituted "Secretary" for

"Administrator" and "Secretary's" for "Administrator's".

Subsecs. (d), (e). Pub. L. 102-83 substituted "Secretary" for

"Administrator" wherever appearing.

1988 - Subsec. (a)(2). Pub. L. 100-322, Sec. 422(a), amended par.

(2) generally. Prior to amendment, par. (2) read as follows: "After

the adoption by the committees during a fiscal year of resolutions

with identical texts approving major medical facility projects, it

shall not be in order in the House of Representatives or in the

Senate to consider a bill, resolution, or amendment making an

appropriation for that fiscal year or for the next fiscal year

which may be expended for a major medical facility project -

"(A) if the project for which the appropriation is proposed to

be made is not approved in those resolutions; or

"(B) in the event that the project is approved in the

resolutions, if either -

"(i) the bill, resolution, or amendment making the

appropriation does not specify -

"(I) the medical facility project for which the

appropriation is proposed to be made; and

"(II) the amount proposed to be appropriated for the

project; or

"(ii) the amount proposed to be appropriated for the project

(when added to any amount previously appropriated for the

project) exceeds the amount approved for the project."

Subsec. (a)(3), (4). Pub. L. 100-322, Sec. 422(b), added par. (3)

and struck out former pars. (3) and (4) which read as follows:

"(3) No appropriation may be made for the lease of any space for

use as a medical facility at an average annual rental of more than

$500,000 unless each committee has first adopted a resolution

approving such lease and setting forth the estimated cost thereof.

"(4) For the purpose of this subsection, the term 'major medical

facility project' means a project for the construction, alteration,

or acquisition of a medical facility involving a total expenditure

of more than $2,000,000. Such term does not include an acquisition

by exchange."

Subsec. (c). Pub. L. 100-322, Sec. 422(c), amended subsec. (c)

generally. Prior to amendment, subsec. (c) read as follows: "The

estimated cost of any construction, alteration, lease, or other

acquisition that is approved under this section, as set forth in

the pertinent resolutions described in subsection (a) of this

section, may be increased by the Administrator in the contract for

such construction, alteration, lease, or other acquisition by an

amount equal to the percentage increase, if any, as determined by

the Administrator, in construction, alteration, lease, or other

acquisition costs, as the case may be, from the date of such

approval to the date of contract, but in no event may the amount of

such increase exceed 10 per centum of such estimated cost."

Subsecs. (d) to (f). Pub. L. 100-322, Sec. 422(d), redesignated

subsecs. (e) and (f) as (d) and (e), respectively, and struck out

former subsec. (d) which read as follows: "In the case of any

medical facility approved for construction, alteration, lease, or

other acquisition by each committee under subsection (a) of this

section for which funds have not been appropriated within one year

after the date of such approval, either such committee may by

resolution rescind its approval at any time thereafter before such

funds are appropriated."

1986 - Subsec. (b)(1). Pub. L. 99-576 inserted "and to the

sharing of health-care resources with the Department of Defense

under section 5011 of this title" at end.

1985 - Subsec. (a). Pub. L. 99-166, Sec. 301, amended subsec. (a)

generally. Prior to amendment, subsec. (a) read as follows: "In

order to ensure the equitable distribution of medical facilities

throughout the United States, taking into consideration the

comparative urgency of the need for the services to be provided in

the case of each particular facility -

"(1) no appropriation may be made for the construction,

alteration, or acquisition (not including exchanges) of any

medical facility which involves a total expenditure of more than

$2,000,000 unless each committee has first adopted a resolution

approving such construction, alteration, or acquisition and

setting forth the estimated cost thereof; and

"(2) no appropriation may be made for the lease of any space

for use as a medical facility at an average annual rental of more

than $500,000 unless each committee has first adopted a

resolution approving such lease and setting forth the estimated

cost thereof."

Subsec. (b)(1). Pub. L. 99-166, Sec. 303, inserted "and, in the

case of a prospectus proposing the construction of a new or

replacement medical facility, a description of the consideration

that was given to acquiring an existing facility by lease or

purchase" after "such facility".

EFFECTIVE DATE OF 1996 AMENDMENT

Section 205(b) of Pub. L. 104-262 provided that: "The amendments

made by subsection (a) [amending this section] shall apply with

respect to any prospectus submitted by the Secretary of Veterans

Affairs after the date of the enactment of this Act [Oct. 9,

1996]."

EFFECTIVE DATE OF 1992 AMENDMENT

Section 206(b)(2) of Pub. L. 104-262 provided that: "The

amendments made by subsection (a) of such section [meaning section

301(a) of Pub. L. 102-405, amending this section] shall apply with

respect to any major medical facility project or any major medical

facility lease of the Department of Veterans Affairs, regardless of

when funds are first appropriated for that project or lease, except

that in the case of a project for which funds were first

appropriated before October 9, 1992, such amendments shall not

apply with respect to amounts appropriated for that project for a

fiscal year before fiscal year 1998."

Section 301(b) of Pub. L. 102-405 provided that the amendments

made by section 301(a) of Pub. L. 102-405, amending this section,

were not applicable with respect to any project for which funds

were appropriated before Oct. 9, 1992, prior to repeal by Pub. L.

104-262, title II, Sec. 206(b)(1), Oct. 9, 1996, 110 Stat. 3190.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 8103, 8107, 8109, 8116 of

this title.

-End-

-CITE-

38 USC Sec. 8105 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 81 - ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY

FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE

LEASES OF REAL PROPERTY

SUBCHAPTER I - ACQUISITION AND OPERATION OF MEDICAL FACILITIES

-HEAD-

Sec. 8105. Structural requirements

-STATUTE-

(a) Each medical facility (including each nursing home facility

for which the Secretary contracts under section 1720 of this title

and each State home facility constructed or altered under

subchapter III of this chapter) shall be of fire, earthquake, and

other natural disaster resistant construction in accordance with

standards which the Secretary shall prescribe on a State or

regional basis after surveying appropriate State and local laws,

ordinances, and building codes and climatic and seismic conditions

pertinent to each such facility. When an existing structure is

acquired for use as a medical facility, it shall be altered to

comply with such standards.

(b)(1) In order to carry out this section, the Secretary shall

appoint an advisory committee to be known as the "Advisory

Committee on Structural Safety of Department Facilities", on which

shall serve at least one architect and one structural engineer who

are experts in structural resistance to fire, earthquake, and other

natural disasters and who are not employees of the Federal

Government.

(2) Such advisory committee shall advise the Secretary on all

matters of structural safety in the construction and altering of

medical facilities in accordance with the requirements of this

section and shall review and make recommendations to the Secretary

on the regulations prescribed under this section.

(3) The Associate Deputy Secretary, the Under Secretary for

Health or the designee of the Under Secretary for Health, and the

Department official charged with the responsibility for

construction shall be ex officio members of such advisory

committee.

-SOURCE-

(Added Pub. L. 96-22, title III, Sec. 301(a), June 13, 1979, 93

Stat. 57, Sec. 5005; amended Pub. L. 96-128, title V, Sec. 501(e),

Nov. 28, 1979, 93 Stat. 987; renumbered Sec. 8105, Pub. L. 102-40,

title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L.

102-83, Secs. 4(a)(3), (4), (b)(1), (2)(E), 5(c)(1), Aug. 6, 1991,

105 Stat. 404-406; Pub. L. 102-405, title III, Sec. 302(c)(1), Oct.

9, 1992, 106 Stat. 1984.)

-MISC1-

AMENDMENTS

1992 - Subsec. (b)(3). Pub. L. 102-405 substituted "Under

Secretary for Health" for "Chief Medical Director" in two places.

1991 - Pub. L. 102-40 renumbered section 5005 of this title as

this section.

Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted "1720" for

"620".

Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for

"Administrator" in two places.

Subsec. (b). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator" wherever appearing.

Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for

"Veterans' Administration" wherever appearing.

1979 - Subsec. (a). Pub. L. 96-128 substituted "subchapter III of

this chapter" for "section 5031 of this title".

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-128 effective Nov. 28, 1979, see section

601(b) of Pub. L. 96-128, set out as a note under section 1114 of

this title.

TERMINATION OF ADVISORY COMMITTEES

Advisory committees established after Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period beginning on the

date of their establishment, unless, in the case of a committee

established by the President or an officer of the Federal

Government, such committee is renewed by appropriate action prior

to the expiration of such 2-year period, or in the case of a

committee established by the Congress, its duration is otherwise

provided for by law. See section 14 of Pub. L. 92-463, Oct. 6,

1972, 86 Stat. 776, set out in the Appendix to Title 5, Government

Organization and Employees.

-End-

-CITE-

38 USC Sec. 8106 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 81 - ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY

FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE

LEASES OF REAL PROPERTY

SUBCHAPTER I - ACQUISITION AND OPERATION OF MEDICAL FACILITIES

-HEAD-

Sec. 8106. Construction contracts

-STATUTE-

(a) The Secretary may carry out any construction or alteration

authorized under this subchapter by contract if the Secretary

considers it to be advantageous to the United States to do so.

(b)(1) The Secretary may obtain, by contract or otherwise, the

services of individuals who are architects or engineers and of

architectural and engineering corporations and firms, to the extent

that the Secretary may require such services for any medical

facility authorized to be constructed or altered under this

subchapter.

(2) No corporation, firm, or individual may be employed under the

authority of paragraph (1) of this subsection on a permanent basis.

(c) Notwithstanding any other provision of this section, the

Secretary shall be responsible for all construction authorized

under this subchapter, including the interpretation of construction

contracts, the approval of materials and workmanship supplied

pursuant to a construction contract, approval of changes in the

construction contract, certification of vouchers for payments due

the contractor, and final settlement of the contract.

-SOURCE-

(Added Pub. L. 96-22, title III, Sec. 301(a), June 13, 1979, 93

Stat. 58, Sec. 5006; renumbered Sec. 8106, Pub. L. 102-40, title

IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L.

102-83, Sec. 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-40 renumbered section 5006 of this title as

this section.

Pub. L. 102-83 substituted "Secretary" for "Administrator"

wherever appearing.

-End-

-CITE-

38 USC Sec. 8107 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 81 - ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY

FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE

LEASES OF REAL PROPERTY

SUBCHAPTER I - ACQUISITION AND OPERATION OF MEDICAL FACILITIES

-HEAD-

Sec. 8107. Operational and construction plans for medical

facilities

-STATUTE-

(a) In order to promote effective planning for the efficient

provision of care to eligible veterans, the Secretary, based on the

analysis and recommendations of the Under Secretary for Health,

shall submit to each committee an annual report regarding

long-range health planning of the Department. The report shall be

submitted each year not later than the date on which the budget for

the next fiscal year is submitted to the Congress under section

1105 of title 31.

(b) Each report under subsection (a) shall include the following:

(1) A five-year strategic plan for the provision of care under

chapter 17 of this title to eligible veterans through coordinated

networks of medical facilities operating within prescribed

geographic service-delivery areas, such plan to include provision

of services for the specialized treatment and rehabilitative

needs of disabled veterans (including veterans with spinal cord

dysfunction, blindness, amputations, and mental illness) through

distinct programs or facilities of the Department dedicated to

the specialized needs of those veterans.

(2) A description of how planning for the networks will be

coordinated.

(3) A profile regarding each such network of medical facilities

which identifies -

(A) the mission of each existing or proposed medical facility

in the network;

(B) any planned change in the mission for any such facility

and the rationale for such planned change;

(C) the population of veterans to be served by the network

and anticipated changes over a five-year period and a ten-year

period, respectively, in that population and in the health-care

needs of that population;

(D) information relevant to assessing progress toward the

goal of achieving relative equivalency in the level of

resources per patient distributed to each network, such

information to include the plans for and progress toward

lowering the cost of care-delivery in the network (by means

such as changes in the mix in the network of physicians,

nurses, physician assistants, and advance practice nurses);

(E) the capacity of non-Federal facilities in the network to

provide acute, long-term, and specialized treatment and

rehabilitative services (described in section 7306(f)(1)(A) of

this title), and determinations regarding the extent to which

services to be provided in each service-delivery area and each

facility in such area should be provided directly through

facilities of the Department or through contract or other

arrangements, including arrangements authorized under sections

8111 and 8153 of this title; and

(F) a five-year plan for construction, replacement, or

alteration projects in support of the approved mission of each

facility in the network and a description of how those projects

will improve access to care, or quality of care, for patients

served in the network.

(4) A status report for each facility on progress toward -

(A) instituting planned mission changes identified under

paragraph (3)(B);

(B) implementing principles of managed care of eligible

veterans; and

(C) developing and instituting cost-effective alternatives to

provision of institutional care.

(c) The Secretary shall submit to each committee not later than

January 31 of each year a report showing the location, space, cost,

and status of each medical facility (1) the construction,

alteration, lease, or other acquisition of which has been approved

under section 8104(a) of this title, and (2) which was uncompleted

as of the date of the last preceding report made under this

subsection.

(d)(1) The Secretary shall submit to each committee, not later

than January 31 of each year, a report showing the current

priorities of the Department for proposed major medical

construction projects. Each such report shall identify the 20

projects, from within all the projects in the Department's

inventory of proposed projects, that have the highest priority and,

for those 20 projects, the relative priority and rank scoring of

each such project and the projected cost of such project (including

the projected operating costs, including both recurring and

nonrecurring costs). The 20 projects shall be compiled, and their

relative rankings shall be shown, by category of project (including

the categories of ambulatory care projects, nursing home care

projects, and such other categories as the Secretary determines).

(2) The Secretary shall include in each report, for each project

listed, a description of the specific factors that account for the

relative ranking of that project in relation to other projects

within the same category.

(3) In a case in which the relative ranking of a proposed project

has changed since the last report under this subsection was

submitted, the Secretary shall also include in the report a

description of the reasons for the change in the ranking, including

an explanation of any change in the scoring of the project under

the Department's scoring system for proposed major medical

construction projects.

-SOURCE-

(Added Pub. L. 96-22, title III, Sec. 301(a), June 13, 1979, 93

Stat. 58, Sec. 5007; amended Pub. L. 99-166, title III, Sec.

302(a)-(c)(1), Dec. 3, 1985, 99 Stat. 955; Pub. L. 99-576, title

II, Sec. 222, Oct. 28, 1986, 100 Stat. 3259; renumbered Sec. 8107

and amended Pub. L. 102-40, title IV, Sec. 402(b)(1), (d)(1), May

7, 1991, 105 Stat. 238, 239; Pub. L. 102-54, Sec. 14(f)(3), June

13, 1991, 105 Stat. 287; Pub. L. 102-83, Sec. 4(b)(1), (2)(E), Aug.

6, 1991, 105 Stat. 404, 405; Pub. L. 102-405, title III, Sec.

302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 104-262, title II,

Sec. 204, Oct. 9, 1996, 110 Stat. 3188; Pub. L. 105-368, title X,

Sec. 1005(b)(18), Nov. 11, 1998, 112 Stat. 3365.)

-MISC1-

AMENDMENTS

1998 - Subsec. (b)(3)(E). Pub. L. 105-368 substituted "section

7306(f)(1)(A)" for "section 7305".

1996 - Subsec. (a). Pub. L. 104-262, Sec. 204(2), added subsec.

(a) and struck out former subsec. (a) which directed the Secretary

to submit an annual report on the construction, replacement,

alteration, and operation of medical facilities.

Subsecs. (b), (c). Pub. L. 104-262, Sec. 204(1), (2), added

subsec. (b) and redesignated former subsec. (b) as (c).

Subsec. (d). Pub. L. 104-262, Sec. 204(3), added subsec. (d).

1992 - Subsec. (a)(1), (2)(B). Pub. L. 102-405 substituted "Under

Secretary for Health" for "Chief Medical Director".

1991 - Pub. L. 102-40, Sec. 402(b)(1), renumbered section 5007 of

this title as this section.

Subsec. (a)(1). Pub. L. 102-83 substituted "Secretary" for

"Administrator".

Subsec. (a)(2)(B). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),

substituted "Secretary" for "Administrator".

Pub. L. 102-54 amended subsec. (a)(2)(B) as in effect immediately

before the enactment of Pub. L. 102-40 by striking out the second

comma before "are most in need of".

Subsec. (b). Pub. L. 102-83 substituted "Secretary" for

"Administrator".

Pub. L. 102-40, Sec. 402(d)(1), substituted "8104(a)" for

"5004(a)".

1986 - Subsec. (a). Pub. L. 99-576 inserted ", after considering

the analysis and recommendations of the Chief Medical Director,"

after "Administrator" in pars. (1) and (2)(B).

1985 - Pub. L. 99-166, Sec. 302(c)(1), substituted "Operational

and construction plans for medical facilities" for "Reports to

congressional committees" in section catchline.

Subsec. (a)(1). Pub. L. 99-166, Sec. 302(a)(1)-(3), designated

existing provisions as par. (1), substituted "an annual report on

the construction, replacement, alteration, and operation of medical

facilities" for "an annual report on the construction, replacement,

and alteration of medical facilities", and struck out provisions

relating to the content of the reports to be submitted to

congressional committees and the time such reports were to be

submitted.

Subsec. (a)(2), (3). Pub. L. 99-166, Sec. 302(a)(4), added pars.

(2) and (3).

Subsec. (b). Pub. L. 99-166, Sec. 302(b), struck out "(beginning

in 1981)" before "a report", designated existing provisions as cl.

(1), and substituted cl. (2) designation for ", in the case of the

second and each succeeding report made under this subsection,".

-End-

-CITE-

38 USC Sec. 8108 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 81 - ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY

FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE

LEASES OF REAL PROPERTY

SUBCHAPTER I - ACQUISITION AND OPERATION OF MEDICAL FACILITIES

-HEAD-

Sec. 8108. Contributions to local authorities

-STATUTE-

The Secretary may make contributions to local authorities toward,

or for, the construction of traffic controls, road improvements, or

other devices adjacent to a medical facility if considered

necessary for safe ingress or egress.

-SOURCE-

(Added Pub. L. 96-22, title III, Sec. 301(a), June 13, 1979, 93

Stat. 58, Sec. 5008; renumbered Sec. 8108, Pub. L. 102-40, title

IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L.

102-83, Sec. 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those comprising this section were

contained in former section 5001(g) of this title prior to the

general revision of this subchapter by Pub. L. 96-22.

AMENDMENTS

1991 - Pub. L. 102-40 renumbered section 5008 of this title as

this section.

Pub. L. 102-83 substituted "Secretary" for "Administrator".

-End-

-CITE-

38 USC Sec. 8109 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 81 - ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY

FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE

LEASES OF REAL PROPERTY

SUBCHAPTER I - ACQUISITION AND OPERATION OF MEDICAL FACILITIES

-HEAD-

Sec. 8109. Parking facilities

-STATUTE-

(a) For the purpose of this section -

(1) The term "garage" means a structure (or part of a

structure) in which vehicles may be parked.

(2) The term "parking facility" includes -

(A) a surface parking lot; and

(B) a garage.

(3) The term "eligible person" means an individual to whom the

Secretary is authorized to furnish medical examination or

treatment.

(b) In order to accommodate the vehicles of employees of medical

facilities, vehicles used to transport veterans and eligible

persons to or from such facilities for the purpose of examination

or treatment, and the vehicles of visitors and other individuals

having business at such facilities, the Secretary -

(1) may construct or alter parking facilities, and may acquire,

by purchase, lease, condemnation, donation, exchange, or

otherwise, such land or interests in land as the Secretary

considers necessary for use as the site for any such construction

or alteration;

(2) may acquire, by purchase, lease, condemnation, donation,

exchange, or otherwise, any facility that the Secretary considers

necessary for use as a parking facility; and

(3) may operate and maintain parking facilities.

(c)(1) Except as provided in paragraph (2) of this subsection,

each employee, visitor, and other individual having business at a

medical facility for which parking fees have been established under

subsection (d) or (e) of this section shall be charged the

applicable parking fee for the use of a parking facility at such

medical facility.

(2) A parking fee shall not be charged under this subsection for

the accommodation of any vehicle used to transport to or from a

medical facility -

(A) a veteran or eligible person in connection with such

veteran or eligible person seeking examination or treatment; or

(B) a volunteer worker (as determined in accordance with

regulations which the Secretary shall prescribe) in connection

with such worker performing services for the benefit of veterans

receiving care at a medical facility.

(3) The Secretary shall collect (or provide for the collection

of) parking fees charged under this subsection.

(d)(1) For each medical facility where funds from the revolving

fund described in subsection (h) of this section are expended for -

(A) a garage constructed or acquired by the Department at a

cost exceeding $500,000 (or, in the case of acquisition by lease,

$100,000 per year); or

(B) a project for the alteration of a garage at a cost

exceeding $500,000,

the Secretary shall prescribe a schedule of parking fees to be

charged at all parking facilities used in connection with such

medical facility.

(2) The parking fee schedule prescribed for a medical facility

referred to in paragraph (1) of this subsection shall be designed

to establish fees which the Secretary determines are reasonable

under the circumstances.

(e) The Secretary may prescribe a schedule of parking fees for

the parking facilities at any medical facility not referred to in

subsection (d) of this section. Any such schedule shall be designed

to establish fees which the Secretary determines to be reasonable

under the circumstances and shall cover all parking facilities used

in connection with such medical facility.

(f) The Secretary may contract (by lease or otherwise) for the

operation of parking facilities at medical facilities under such

terms and conditions as the Secretary prescribes and may do so

without regard to laws requiring full and open competition.

(g) Subject to subsections (h) and (i) of this section, there are

authorized to be appropriated such amounts as are necessary to

finance (in whole or in part) the construction, alteration, and

acquisition (including site acquisition) of parking facilities at

medical facilities.

(h)(1) Amounts appropriated pursuant to subsection (g) of this

section and parking fees collected under subsection (c) of this

section shall be administered as a revolving fund and shall be

available without fiscal year limitation.

(2) The revolving fund shall be deposited in a checking account

with the Treasurer of the United States.

(3)(A) Except as provided in subparagraph (B) of this paragraph,

no funds other than funds from the revolving fund may be expended

for the construction, alteration, or acquisition (including site

acquisition) of a garage at a medical facility after September 30,

1986.

(B) Subparagraph (A) of this paragraph does not apply to the use

of funds for investigations and studies, surveys, designs, plans,

construction documents, specifications, and similar actions not

directly involved in the physical construction of a structure.

(i)(1) The expenditure of funds from the revolving fund may be

made only for the construction, alteration, and acquisition

(including site acquisition) of parking facilities at medical

facilities and may be made only as provided for in appropriation

Acts.

(2) For the purpose of section 8104(a)(2) of this title, a bill,

resolution, or amendment which provides that funds in the revolving

fund (including any funds proposed in such bill, resolution, or

amendment to be appropriated to the revolving fund) may be expended

for a project involving a total expenditure of more than $4,000,000

for the construction, alteration, or acquisition (including site

acquisition) of a parking facility or facilities at a medical

facility shall be considered to be a bill, resolution, or amendment

making an appropriation which may be expended for a major medical

facility project.

-SOURCE-

(Added Pub. L. 96-22, title III, Sec. 301(a), June 13, 1979, 93

Stat. 59, Sec. 5009; amended Pub. L. 99-576, title II, Sec.

223(a)(1), Oct. 28, 1986, 100 Stat. 3259; renumbered Sec. 8109 and

amended Pub. L. 102-40, title IV, Sec. 402(b)(1), (d)(1), May 7,

1991, 105 Stat. 238, 239; Pub. L. 102-83, Sec. 4(a)(3), (4),

(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 103-79,

Sec. 3(b), Aug. 13, 1993, 107 Stat. 771; Pub. L. 104-262, title II,

Sec. 207(b), Oct. 9, 1996, 110 Stat. 3190; Pub. L. 105-368, title

VII, Sec. 705, Nov. 11, 1998, 112 Stat. 3350.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those comprising this section were

contained in former section 5004 of this title prior to the general

revision of this subchapter by Pub. L. 96-22.

AMENDMENTS

1998 - Subsec. (i)(2). Pub. L. 105-368 substituted "$4,000,000"

for "$3,000,000".

1996 - Subsec. (h)(3)(B). Pub. L. 104-262 substituted

"construction documents" for "working drawings".

1993 - Subsec. (i)(2). Pub. L. 103-79 substituted "$3,000,000"

for "$2,000,000".

1991 - Pub. L. 102-40, Sec. 402(b)(1), renumbered section 5009 of

this title as this section.

Subsecs. (a) to (c). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),

substituted "Secretary" for "Administrator" wherever appearing.

Subsec. (d)(1). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator" in concluding provisions.

Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for

"Veterans' Administration" in subpar. (A).

Subsecs. (d)(2), (e), (f). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),

substituted "Secretary" for "Administrator" wherever appearing.

Subsec. (i)(2). Pub. L. 102-40, Sec. 402(d)(1), substituted

"8104(a)(2)" for "5004(a)(2)".

1986 - Pub. L. 99-576 amended section generally, substituting

"Parking facilities" for "Garages and parking facilities" in

section catchline and substituting present provisions consisting of

subsecs. (a) to (i) for former provisions consisting of subsecs.

(a) to (c), and generally revising and expanding section to require

VA to establish and collect reasonable parking fees at all

facilities where a garage is constructed or acquired or altered at

a cost of more than $500,000 (or leased for more than $100,000 per

year), and allowing discretionary paid parking at all other

facilities.

EFFECTIVE DATE OF 1986 AMENDMENT

Section 223(b) of Pub. L. 99-576 provided that:

"(1) Except as provided in paragraphs (2) and (3), the amendments

made by this section [amending this section] shall take effect on

the date of the enactment of this Act [Oct. 28, 1986].

"(2)(A) The amendments made by this section shall not abrogate

the provisions of a collective bargaining agreement which, on the

date of the enactment of this Act, is in effect and includes a

provision which specifies a termination date for such agreement.

"(B) After the date of the enactment of this Act, if a collective

bargaining agreement described in subparagraph (A) is modified,

extended, or renewed, such subparagraph shall no longer, as of the

date of the modification, extension, or renewal, apply to such

agreement.

"(C) In the case of a collective bargaining agreement which on

such date of enactment is in effect but has no provision which

specifies a termination date, the authorities and requirements in

section 5009 [now 8109] of title 38, United States Code, as amended

by subsection (a)(1) of this section, to establish and collect

parking fees shall take effect on January 1, 1988.

"(3) Section 5009 [now 8109] of title 38, United States Code, as

amended by subsection (a)(1) of this section, shall not apply to

the expenditure of funds appropriated for a fiscal year prior to

fiscal year 1987 for the construction, alteration, or acquisition

(including site acquisition) of a parking facility at a Veterans'

Administration [now Department of Veterans Affairs] medical

facility."

-End-

-CITE-

38 USC Sec. 8110 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 81 - ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY

FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE

LEASES OF REAL PROPERTY

SUBCHAPTER I - ACQUISITION AND OPERATION OF MEDICAL FACILITIES

-HEAD-

Sec. 8110. Operation of medical facilities

-STATUTE-

(a)(1) The Secretary shall establish the total number of hospital

beds and nursing home beds in medical facilities over which the

Secretary has direct jurisdiction for the care and treatment of

eligible veterans. The Secretary shall establish the total number

of such beds so as to maintain a contingency capacity to assist the

Department of Defense in time of war or national emergency to care

for the casualties of such war or national emergency. Of the number

of beds authorized pursuant to the preceding sentence, the

Secretary shall maintain the availability of such additional beds

and facilities in addition to the operating bed level as the

Secretary considers necessary for such contingency purposes. The

President shall include in the Budget transmitted to the Congress

for each fiscal year pursuant to section 1105 of title 31, an

amount for medical care and amounts for construction sufficient to

maintain the availability of the contingency capacity referred to

in the second sentence of this paragraph. The Secretary shall staff

and maintain, in such a manner as to ensure the immediate

acceptance and timely and complete care of patients, and in a

manner consistent with the policies of the Secretary on overtime,

sufficient beds and other treatment capacities to accommodate, and

provide such care to, eligible veterans applying for admission and

found to be in need of hospital care or medical services.

(2) The Secretary shall maintain the bed and treatment capacities

of all Department medical facilities, including the staffing

required to maintain such capacities, so as to ensure the

accessibility and availability of such beds and treatment

capacities to eligible veterans in all States, to minimize delays

in admissions and in the provision of hospital, nursing home, and

domiciliary care, and of medical services furnished pursuant to

section 1710(a) of this title, and to ensure that eligible veterans

are provided such care and services in an appropriate manner.

(3)(A) The Under Secretary for Health shall at the end of each

fiscal year (i) analyze agencywide admission policies and the

records of those eligible veterans who apply for hospital care,

medical services, and nursing home care, but are rejected or not

immediately admitted or provided such care or services, and (ii)

review and make recommendations regarding the adequacy of staff

levels for compliance with the policy established under

subparagraph (C), the adequacy of the established operating bed

levels, the geographic distribution of operating beds, the

demographic characteristics of the veteran population and the

associated need for medical care and nursing home facilities and

services in each State, and the proportion of the total number of

operating beds that are hospital beds and that are nursing home

beds.

(B) After considering the analyses and recommendations of the

Under Secretary for Health pursuant to subparagraph (A) of this

paragraph for any fiscal year, the Secretary shall report to the

committees, on or before December 1 after the close of such fiscal

year, on the results of the analysis of the Under Secretary for

Health and on the numbers of operating beds and level of treatment

capacities required to enable the Department to carry out the

primary function of the Veterans Health Administration. The

Secretary shall include in each such report recommendations for (i)

the numbers of operating beds and the level of treatment capacities

required for the health care of veterans and the maintenance of the

contingency capacity referred to in paragraph (1) of this

subsection, and (ii) the appropriate staffing and funds therefor.

(C) The Secretary shall, in consultation with the Under Secretary

for Health, establish a nationwide policy on the staffing of

Department medical facilities in order to ensure that such

facilities have adequate staff for the provision to veterans of

appropriate, high-quality care and services. The policy shall take

into account the staffing levels and mixture of staff skills

required for the range of care and services provided veterans in

Department facilities.

(4)(A) With respect to each law making appropriations for the

Department for any fiscal year (or any part of a fiscal year),

there shall be provided to the Department the funded personnel

ceiling defined in subparagraph (C) of this paragraph and the funds

appropriated therefor.

(B) In order to carry out the provisions of subparagraph (A) of

this paragraph, the Director of the Office of Management and Budget

shall, with respect to each such law (i) provide to the Department

for the fiscal year (or part of a fiscal year) concerned such

funded personnel ceiling and the funds necessary to achieve such

ceiling, and (ii) submit to the appropriate committees of the

Congress and to the Comptroller General of the United States

certification that the Director has so provided such ceiling. Not

later than the thirtieth day after the enactment of such a law or,

in the event of the enactment of such a law more than thirty days

prior to the fiscal year for which such law makes such

appropriations, not later than the tenth day of such fiscal year,

the certification required in the first sentence of this

subparagraph shall be submitted, together with a report containing

complete information on the personnel ceiling that the Director has

provided to the Department for the employees described in

subparagraph (C) of this paragraph.

(C) For the purposes of this paragraph, the term "funded

personnel ceiling" means, with respect to any fiscal year (or part

of a fiscal year), the authorization by the Director of the Office

of Management and Budget to employ (under the appropriation

accounts for medical care, medical and prosthetic research, and

medical administration and miscellaneous operating expenses) not

less than the number of employees for the employment of which

appropriations have been made for such fiscal year (or part of a

fiscal year).

(5) Notwithstanding any other provision of this title or of any

other law, funds appropriated for the Department under the

appropriation accounts for medical care, medical and prosthetic

research, and medical administration and miscellaneous operating

expenses may not be used for, and no employee compensated from such

funds may carry out any activity in connection with, the conduct of

any study comparing the cost of the provision by private

contractors with the cost of the provision by the Department of

commercial or industrial products and services for the Veterans

Health Administration unless such funds have been specifically

appropriated for that purpose.

(6)(A) Temporary research personnel of the Veterans Health

Administration shall be excluded from any ceiling on full-time

equivalent employees of the Department or any other personnel

ceiling otherwise applicable to employees of the Department.

(B) For purposes of subparagraph (A) of this paragraph, the term

"temporary research personnel" means personnel who are employed in

the Veterans Health Administration in other than a career

appointment for work on a research activity and who are not paid by

the Department or are paid from funds appropriated to the

Department to support such activity.

(b) When the Secretary determines, in accordance with regulations

which the Secretary shall prescribe, that a Department facility

serves a substantial number of veterans with limited

English-speaking ability, the Secretary shall establish and

implement procedures, upon the recommendation of the Under

Secretary for Health, to ensure the identification of sufficient

numbers of individuals on such facility's staff who are fluent in

both the language most appropriate to such veterans and in English

and whose responsibilities shall include providing guidance to such

veterans and to appropriate Department staff members with respect

to cultural sensitivities and bridging linguistic and cultural

differences.

(c) The Secretary shall include in the materials submitted to

Congress each year in support of the budget of the Department for

the next fiscal year a report on activities and proposals involving

contracting for performance by contractor personnel of work

previously performed by Department employees. The report shall -

(1) identify those specific activities that are currently

performed at a Department facility by more than 10 Department

employees which the Secretary proposes to study for possible

contracting involving conversion from performance by Department

employees to performance by employees of a contractor; and

(2) identify those specific activities that have been

contracted for performance by contractor employees during the

prior fiscal year (shown by location, subject, scope of

contracts, and savings) and shall describe the effect of such

contracts on the quality of delivery of health services during

such year.

(d) The Secretary may not in any fiscal year close more than 50

percent of the beds within a bed section (of 20 or more beds) of a

Department medical center unless the Secretary first submits to the

Committees on Veterans' Affairs of the Senate and the House of

Representatives a report providing a justification for the closure.

No action to carry out such closure may be taken after the

submission of such report until the end of the 21-day period

beginning on the date of the submission of the report.

(e) The Secretary shall submit to the Committees on Veterans'

Affairs of the Senate and the House of Representatives, not later

than January 20 of each year, a report documenting by network for

the preceding fiscal year the following:

(1) The number of medical service and surgical service beds,

respectively, that were closed during that fiscal year and, for

each such closure, a description of the changes in delivery of

services that allowed such closure to occur.

(2) The number of nursing home beds that were the subject of a

mission change during that fiscal year and the nature of each

such mission change.

(f) For purposes of this section:

(1) The term "closure", with respect to beds in a medical

center, means ceasing to provide staffing for, and to operate,

those beds. Such term includes converting the provision of such

bed care from care in a Department facility to care under

contract arrangements.

(2) The term "bed section", with respect to a medical center,

means psychiatric beds (including beds for treatment of substance

abuse and post-traumatic stress disorder), intermediate,

neurology, and rehabilitation medicine beds, extended care (other

than nursing home) beds, and domiciliary beds.

(3) The term "justification", with respect to closure of beds,

means a written report that includes the following:

(A) An explanation of the reasons for the determination that

the closure is appropriate and advisable.

(B) A description of the changes in the functions to be

carried out and the means by which such care and services would

continue to be provided to eligible veterans.

(C) A description of the anticipated effects of the closure

on veterans and on their access to care.

-SOURCE-

(Added Pub. L. 96-22, title III, Sec. 301(a), June 13, 1979, 93

Stat. 59, Sec. 5010; amended Pub. L. 96-151, title III, Sec.

301(a), Dec. 20, 1979, 93 Stat. 1095; Pub. L. 97-66, title VI, Sec.

601(b), Oct. 17, 1981, 95 Stat. 1033; Pub. L. 97-72, title I, Sec.

108, Nov. 3, 1981, 95 Stat. 1053; Pub. L. 97-306, title IV, Sec.

409(b), Oct. 14, 1982, 96 Stat. 1446; Pub. L. 97-452, Sec. 2(e)(4),

Jan. 12, 1983, 96 Stat. 2479; Pub. L. 98-160, title VII, Sec.

702(19), Nov. 21, 1983, 97 Stat. 1010; Pub. L. 98-528, title I,

Sec. 102, Oct. 19, 1984, 98 Stat. 2688; Pub. L. 99-576, title VII,

Sec. 702(15), Oct. 28, 1986, 100 Stat. 3302; Pub. L. 100-322, title

II, Sec. 222(a), title IV, Sec. 401(a), May 20, 1988, 102 Stat.

531, 543; renumbered Sec. 8110 and amended Pub. L. 102-40, title

IV, Sec. 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub.

L. 102-83, Secs. 4(a)(3), (4), (b)(1), (2)(E), 5(c)(1), Aug. 6,

1991, 105 Stat. 404-406; Pub. L. 102-405, title III, Sec.

302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 103-446, title XI,

Sec. 1103, title XII, Sec. 1201(b)(1), (d)(17), (g)(7), Nov. 2,

1994, 108 Stat. 4681, 4682, 4684, 4687; Pub. L. 104-66, title I,

Sec. 1141(c), Dec. 21, 1995, 109 Stat. 726; Pub. L. 104-262, title

I, Sec. 101(e)(4), title III, Sec. 305, Oct. 9, 1996, 110 Stat.

3181, 3194; Pub. L. 106-117, title III, Sec. 301, Nov. 30, 1999,

113 Stat. 1571; Pub. L. 107-135, title I, Sec. 124, Jan. 23, 2002,

115 Stat. 2452; Pub. L. 107-314, div. A, title VII, Sec. 726(a),

Dec. 2, 2002, 116 Stat. 2599.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those comprising this section were

contained in former section 5001(a)(2), (3), (h) of this title

prior to the general revision of this subchapter by Pub. L. 96-22.

AMENDMENTS

2002 - Subsec. (a)(1). Pub. L. 107-314 struck out "at not more

than 125,000 and not less than 100,000" before period at end of

first sentence, "shall operate and maintain a total of not less

than 90,000 hospital beds and nursing home beds and" before "shall

maintain the availability" in third sentence, and "to enable the

Department to operate and maintain a total of not less than 90,000

hospital and nursing home beds in accordance with this paragraph

and" after "construction sufficient" in fourth sentence.

Pub. L. 107-135, Sec. 124(a)(1), inserted "and in a manner

consistent with the policies of the Secretary on overtime," after

"complete care of patients," in fifth sentence.

Subsec. (a)(2). Pub. L. 107-135, Sec. 124(a)(2), inserted ",

including the staffing required to maintain such capacities," after

"all Department medical facilities", substituted ", to minimize"

for "and to minimize", and inserted before period at end ", and to

ensure that eligible veterans are provided such care and services

in an appropriate manner".

Subsec. (a)(3)(A). Pub. L. 107-135, Sec. 124(b)(1), inserted "the

adequacy of staff levels for compliance with the policy established

under subparagraph (C)," after "regarding".

Subsec. (a)(3)(C). Pub. L. 107-135, Sec. 124(b)(2), added subpar.

(C).

1999 - Subsecs. (d) to (f). Pub. L. 106-117 added subsecs. (d) to

(f).

1996 - Subsec. (a)(2). Pub. L. 104-262, Sec. 101(e)(4),

substituted "section 1710(a)" for "section 1712".

Subsec. (c). Pub. L. 104-262, Sec. 305, amended subsec. (c)

generally, substituting provisions consisting of an introductory

par. and pars. (1) and (2), relating to reports on activities and

proposals involving contracting for performance by contractor

personnel of work previously performed by Department employees for

provisions consisting of pars. (1) to (9), relating to conversion

of activities at health-care facilities from those performed by

Federal employees to those performed by Government contractors.

1995 - Subsec. (a)(4). Pub. L. 104-66 substituted "subparagraph

(C)" for "subparagraph (D)" in subpars. (A) and (B), redesignated

subpar. (D) as (C), and struck out former subpar. (C) which read as

follows: "Whenever the Director of the Office of Management and

Budget is required to submit a certification under subparagraph (B)

of this paragraph, the Comptroller General shall submit to the

appropriate committees of the Congress a report stating the

Comptroller General's opinion as to whether the Director has

complied with the requirements of that subparagraph. The

Comptroller General shall submit the report not later than fifteen

days after the end of the period specified in such subparagraph for

the Director to submit the certification."

1994 - Subsec. (a)(3)(B), (5), (6). Pub. L. 103-446, Sec.

1201(b)(1), substituted "Veterans Health Administration" for

"Department of Medicine and Surgery" wherever appearing.

Subsec. (c)(3)(B). Pub. L. 103-446, Sec. 1201(d)(17), substituted

"section 513 or 7409" for "section 213 or 4117".

Subsec. (c)(7). Pub. L. 103-446, Sec. 1201(g)(7), which provided

for striking out obsolete or executed provisions and directed the

amendment of subsec. (c) by striking out par. (7), was not executed

because of the prior amendment of subsec. (c) by Pub. L. 103-446,

Sec. 1103. See below.

Pub. L. 103-446, Sec. 1103, added par. (7) and struck out former

par. (7) which read as follows: "Not later than February 1, 1984,

and February 1 of each of the five succeeding years, the Secretary

shall submit a written report to Congress describing the extent to

which activities at Department health-care facilities were

performed by contractors during the preceding fiscal year and the

actual cost savings resulting from such contracts."

Subsec. (c)(8), (9). Pub. L. 103-446, Sec. 1103, added pars. (8)

and (9).

1992 - Subsecs. (a)(3), (b), (c)(1), (3)(B). Pub. L. 102-405

substituted "Under Secretary for Health" for "Chief Medical

Director" wherever appearing.

1991 - Pub. L. 102-40, Sec. 402(b)(1), renumbered section 5010 of

this title as this section.

Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted "1712" for

"612" in par. (2).

Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for

"Administrator" wherever appearing.

Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for

"Veterans' Administration" wherever appearing.

Subsec. (b). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator" wherever appearing.

Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for

"Veterans' Administration" in two places.

Subsec. (c). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator" and "Secretary's" for

"Administrator's" wherever appearing.

Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for

"Veterans' Administration" wherever appearing.

Pub. L. 102-40, Sec. 402(d)(1), substituted "8111, 8111A, or

8153" for "5011, 5011A, or 5053" in par. (3)(A).

1988 - Subsec. (a)(6). Pub. L. 100-322, Sec. 222(a), added par.

(6).

Subsec. (c)(2). Pub. L. 100-322, Sec. 401(a), inserted

"responsive bids are received from at least two responsible,

financially autonomous bidders and" after "only if".

1986 - Subsec. (a)(1). Pub. L. 99-576 substituted "125,000 and

not less than 100,000" for "one hundred and twenty-five thousand

and not less than one hundred thousand" and "90,000" for "ninety

thousand" in two places.

1984 - Subsec. (a)(4)(C). Pub. L. 98-528 substituted provision

requiring the Comptroller General to submit a report stating the

Comptroller General's opinion as to whether the Director has

complied with subpar. (B) not later than fifteen days after end of

period specified in that subparagraph for Director to submit

required certification for provision which had required the

Comptroller General to submit a report stating the Comptroller

General's opinion as to whether the Director has complied with the

requirements of any law making appropriations for the Veterans'

Administration for any fiscal year or any part thereof regarding

funded personnel ceilings not later than forty-fifth day after

enactment of each such law.

1983 - Subsec. (a)(1). Pub. L. 97-452 substituted "section 1105

of title 31" for "section 201(a) of the Budget and Accounting Act,

1921 (31 U.S.C. 11(a))".

Subsec. (c)(2)(B). Pub. L. 98-160 substituted "quantity and

quality" for "quantity or quality".

1982 - Subsec. (c). Pub. L. 97-306 added subsec. (c).

1981 - Subsec. (a)(1). Pub. L. 97-72, Sec. 108(a)(1), struck out

provision authorizing the Administrator, subject to the approval of

the President to establish and operate not less than 125,000

hospital beds in medical facilities over which the Administrator

has direct jurisdiction for the care and treatment of eligible

veterans and substituted therefor provisions directing the

Administrator to establish a total number of hospital beds and

nursing home beds in medical facilities over which the

Administrator has direct jurisdiction for the care and treatment of

eligible veterans at not more than one hundred and twenty-five

thousand and not less than one hundred thousand, and provided that

the Administrator establish the total number of such beds so as to

maintain a contingency capacity to assist the Department of Defense

in time of war or national emergency to care for the casualties of

such war or national emergency, that of the number of beds

authorized pursuant to the preceding sentence, the Administrator

operate and maintain a total of not less than ninety thousand

hospital beds and nursing home beds and maintain the availability

of such additional beds and facilities in addition to the operating

bed level as the Administrator considers necessary for such

contingency purposes, and that the President include in the Budget

transmitted to the Congress for each fiscal year pursuant to

section 201(a) of the Budget and Accounting Act, 1921 (31 U.S.C.

11(a)), an amount for medical care and amounts for construction.

Subsec. (a)(3). Pub. L. 97-72, Sec. 108(a)(2), struck out

provision requiring that the Chief Medical Director periodically

analyze agencywide admission policies and the records of those

eligible veterans who apply for hospital care and medical services

and annually advise each committee of the results and the added

requirements which those results indicate and substituted therefor

provisions that the Chief Medical Director, at the end of each

fiscal year, (i) analyze agencywide admission policies and the

records of those eligible veterans who apply for hospital care,

medical services and nursing home care, but are rejected or not

immediately admitted or provided such care or services, and (ii)

review and made recommendations regarding the adequacy of the

established operating bed levels, the geographic distribution of

operating beds, the demographic characteristics of the veteran

population and the associated need for medical care and nursing

home facilities and services in each State, and the proportion of

the total number of operating beds that are hospital beds and that

are nursing home beds, and that, after considering the analyses and

recommendations of the Chief Medical Director pursuant to

subparagraph (A) of this paragraph for any fiscal year, the

Administrator report to the committees, on or before December 1

after the close of such fiscal year, on the results of the analysis

of the Chief Medical Director and on the required number of beds

and the level of treatment capacities required.

Subsec. (a)(4)(A). Pub. L. 97-66, Sec. 601(b)(1)(A), inserted

"for any fiscal year (or any part of a fiscal year)" after "With

respect to each law making appropriations for the Veterans'

Administration".

Subsec. (a)(4)(B). Pub. L. 97-66, Sec. 601(b)(1)(B), inserted

"(or part of a fiscal year)" after "provide to the Veterans'

Administration for the fiscal year".

Subsec. (a)(4)(D). Pub. L. 97-66, Sec. 601(b)(1)(B), inserted

"(or part of a fiscal year)" after "fiscal year" in two places.

Subsec. (a)(5). Pub. L. 97-66, Sec. 601(b)(2), added par. (5).

Subsecs. (b), (c). Pub. L. 97-72, Sec. 108(b), redesignated

subsec. (c) as (b). Former subsec. (b), authorizing the

Administrator to establish, subject to the approval of the

President, not less than twelve thousand beds during fiscal year

1980, and during each fiscal year thereafter, for the furnishing of

nursing home care to eligible veterans in facilities over which the

Administrator has direct jurisdiction, was struck out.

1979 - Subsec. (a)(4). Pub. L. 96-151 added par. (4).

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107-314, div. A, title VII, Sec. 726(b), Dec. 2, 2002,

116 Stat. 2599, provided that: "The amendments made by subsection

(a) [amending this section] shall take effect on October 1, 2003."

EFFECTIVE DATE OF 1988 AMENDMENT

Section 222(b) of Pub. L. 100-322 provided that: "The amendment

made by subsection (a) [amending this section] shall apply with

respect to fiscal years after fiscal year 1987."

Section 401(b) of Pub. L. 100-322 provided that: "The amendment

made by subsection (a) [amending this section] shall apply only

with respect to the awarding of contracts under solicitations

issued after the date of the enactment of this Act [May 20, 1988]."

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by section 601(b)(1) of Pub. L. 97-66 effective Oct. 1,

1981, see section 701(b)(4) of Pub. L. 97-66, set out as a note

under section 1114 of this title.

Amendment by section 601(b)(2) of Pub. L. 97-66 effective Oct.

17, 1981, see section 701(b)(1) of Pub. L. 97-66, set out as a note

under section 1114 of this title.

EFFECTIVE DATE OF 1979 AMENDMENT

Section 301(b) of Pub. L. 96-151 provided that: "The amendment

made by subsection (a) [amending this section] shall take effect

with respect to Public Law 96-103 [Nov. 5, 1979, 93 Stat. 771],

but, with respect to such Public Law, the certification and report

required by subparagraph (B) of paragraph (4) of section 5010 [now

8110] of title 38, United States Code (as added by such amendment),

and the report required by subparagraph (C) of such paragraph (as

added by such amendment) shall be submitted to the appropriate

committees of the Congress not later than January 15, 1980, and

February 1, 1980, respectively."

CONVERSION OF UNDERUSED SPACE TO DOMICILIARY-CARE BEDS

Section 136 of Pub. L. 100-322 directed Administrator, not later

than June 1, 1988, to convert underused space located in facilities

under jurisdiction of Administrator in urban areas with significant

numbers of homeless veterans into 500 domiciliary-care beds to be

used for care of veterans in need of domiciliary care, primarily

homeless veterans.

POLICY OF COMPREHENSIVE VETERANS' HEALTH-CARE SYSTEM

Section 409(a) of Pub. L. 97-306 provided that: "It is the policy

of the United States that the Veterans' Administration -

"(1) shall maintain a comprehensive, nationwide health-care

system for the direct provision of quality health-care services

to eligible veterans; and

"(2) shall operate such system through cost-effective means

that are consistent with carrying out fully the functions of the

Department of Medicine and Surgery of the Veterans'

Administration under title 38, United States Code."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8103 of this title.

-End-

-CITE-

38 USC Sec. 8111 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 81 - ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY

FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE

LEASES OF REAL PROPERTY

SUBCHAPTER I - ACQUISITION AND OPERATION OF MEDICAL FACILITIES

-HEAD-

Sec. 8111. Sharing of Department of Veterans Affairs and Department

of Defense health care resources

-STATUTE-

(a) Required Coordination and Sharing of Health Care Resources. -

The Secretary of Veterans Affairs and the Secretary of Defense

shall enter into agreements and contracts for the mutually

beneficial coordination, use, or exchange of use of the health care

resources of the Department of Veterans Affairs and the Department

of Defense with the goal of improving the access to, and quality

and cost effectiveness of, the health care provided by the Veterans

Health Administration and the Military Health System to the

beneficiaries of both Departments.

(b) Joint Requirements for Secretaries of Veterans Affairs and

Defense. - To facilitate the mutually beneficial coordination, use,

or exchange of use of the health care resources of the two

Departments, the two Secretaries shall carry out the following

functions:

(1) Develop and publish a joint strategic vision statement and

a joint strategic plan to shape, focus, and prioritize the

coordination and sharing efforts among appropriate elements of

the two Departments and incorporate the goals and requirements of

the joint sharing plan into the strategic and performance plan of

each Department under the Government Performance and Results Act.

(2) Jointly fund the interagency committee provided for under

subsection (c).

(3) Continue to facilitate and improve sharing between

individual Department of Veterans Affairs and Department of

Defense health care facilities, but giving priority of effort to

initiatives (A) that improve sharing and coordination of health

resources at the intraregional and nationwide levels, and (B)

that improve the ability of both Departments to provide

coordinated health care.

(4) Establish a joint incentive program under subsection (d).

(c) DOD-VA Health Executive Committee. - (1) There is established

an interagency committee to be known as the Department of Veterans

Affairs-Department of Defense Health Executive Committee

(hereinafter in this section referred to as the "Committee"). The

Committee is composed of -

(A) the Deputy Secretary of Veterans Affairs and such other

officers and employees of the Department of Veterans Affairs as

the Secretary of Veterans Affairs may designate; and

(B) the Under Secretary of Defense for Personnel and Readiness

and such other officers and employees of the Department of

Defense as the Secretary of Defense may designate.

(2)(A) During odd-numbered fiscal years, the Deputy Secretary of

Veterans Affairs shall chair the Committee. During even-numbered

fiscal years, the Under Secretary of Defense shall chair the

Committee.

(B) The Deputy Secretary and the Under Secretary shall determine

the size and structure of the Committee, as well as the

administrative and procedural guidelines for the operation of the

Committee. The two Departments shall share equally the Committee's

cost of personnel and administrative support and services. Support

for such purposes shall be provided at a level sufficient for the

efficient operation of the Committee, including a permanent staff

and, as required, other temporary working groups of appropriate

departmental staff and outside experts.

(3) The Committee shall recommend to the Secretaries strategic

direction for the joint coordination and sharing efforts between

and within the two Departments under this section and shall oversee

implementation of those efforts.

(4) The Committee shall submit to the two Secretaries and to

Congress an annual report containing such recommendations as the

Committee considers appropriate.

(5) In order to enable the Committee to make recommendations in

its annual report under paragraph (4), the Committee shall do the

following:

(A) Review existing policies, procedures, and practices

relating to the coordination and sharing of health care resources

between the two Departments.

(B) Identify changes in policies, procedures, and practices

that, in the judgment of the Committee, would promote mutually

beneficial coordination, use, or exchange of use of the health

care resources of the two Departments, with the goal of improving

the access to, and quality and cost effectiveness of, the health

care provided by the Veterans Health Administration and the

Military Health System to the beneficiaries of both Departments.

(C) Identify and assess further opportunities for the

coordination and sharing of health care resources between the

Departments that, in the judgment of the Committee, would not

adversely affect the range of services, the quality of care, or

the established priorities for care provided by either

Department.

(D) Review the plans of both Departments for the acquisition of

additional health care resources, especially new facilities and

major equipment and technology, in order to assess the potential

effect of such plans on further opportunities for the

coordination and sharing of health care resources.

(E) Review the implementation of activities designed to promote

the coordination and sharing of health care resources between the

Departments.

(6) The Committee chairman, under procedures jointly developed by

the two Secretaries, may require the Inspector General of either or

both Departments to assist in activities under paragraph (5)(E).

(d) Joint Incentives Program. - (1) Pursuant to subsection

(b)(4), the two Secretaries shall carry out a program to identify,

provide incentives to, implement, fund, and evaluate creative

coordination and sharing initiatives at the facility,

intraregional, and nationwide levels. The program shall be

administered by the Committee established in subsection (c), under

procedures jointly prescribed by the two Secretaries.

(2) To facilitate the incentive program, effective October 1,

2003, there is established in the Treasury a fund to be known as

the "DOD-VA Health Care Sharing Incentive Fund". Each Secretary

shall annually contribute to the fund a minimum of $15,000,000 from

the funds appropriated to that Secretary's Department. Such funds

shall remain available until expended.

(3)(A) For each fiscal year during which the program under this

subsection is in effect, the Comptroller General shall conduct a

review of the implementation and effectiveness of the incentives

program under this subsection. Upon completion of each such annual

review, the Comptroller General shall submit to the Committees on

Armed Services and Veterans' Affairs of the Senate and House of

Representatives a report on the results of that review. Each such

report shall be submitted not later than February 28 of the year

following the fiscal year covered by the report. In addition, the

Comptroller General shall conduct such a review during the first

five months of fiscal year 2004 and, not later than February 28,

2004, shall submit to those committees a report on the

implementation and effectiveness of the incentives program under

this subsection to that date.

(B) Each report under this paragraph shall describe activities

carried out under the program under this subsection during the

preceding fiscal year (or, in the case of the first such report, to

the date of the submission of the report). Each report shall

include at least the following:

(i) An analysis of the initiatives funded by the Committee, and

the funds so expended by such initiatives, from the DOD-VA Health

Care Sharing Incentive Fund, including the purposes and effects

of those initiatives on improving access to care by

beneficiaries, improvements in the quality of care received by

those beneficiaries, and efficiencies gained in delivering

services to those beneficiaries.

(ii) Other matters of interest, including recommendations from

the Comptroller General for legislative improvements to the

program.

(4) The program under this subsection shall terminate on

September 30, 2007.

(e) Guidelines and Policies for Implementation of Coordination

and Sharing Recommendations, Contracts, and Agreements. - (1) To

implement the recommendations made by the Committee under

subsection (c)(2), as well as to carry out other health care

contracts and agreements for coordination and sharing initiatives

as they consider appropriate, the two Secretaries shall jointly

issue guidelines and policy directives. Such guidelines and

policies shall provide for coordination and sharing that -

(A) is consistent with the health care responsibilities of the

Department of Veterans Affairs under this title and with the

health care responsibilities of the Department of Defense under

chapter 55 of title 10;

(B) will not adversely affect the range of services, the

quality of care, or the established priorities for care provided

by either Department; and

(C) will not reduce capacities in certain specialized programs

of the Department of Veterans Affairs that the Secretary is

required to maintain in accordance with section 1706(b) of this

title.

(2) To facilitate the sharing and coordination of health care

services between the two Departments, the two Secretaries shall

jointly develop and implement guidelines for a standardized,

uniform payment and reimbursement schedule for those services. Such

schedule shall be implemented no later than October 1, 2003, and

shall be revised periodically as necessary. The two Secretaries,

following implementation of the schedule, may on a case-by-case

basis waive elements of the schedule if they jointly agree that

such a waiver is in the best interests of both Departments.

(3)(A) The guidelines established under paragraph (1) shall

authorize the heads of individual Department of Defense and

Department of Veterans Affairs medical facilities and service

regions to enter into health care resources coordination and

sharing agreements.

(B) Under any such agreement, an individual who is a primary

beneficiary of one Department may be provided health care, as

provided in the agreement, at a facility or in the service region

of the other Department that is a party to the sharing agreement.

(C) Each such agreement shall identify the health care resources

to be shared.

(D) Each such agreement shall provide, and shall specify

procedures designed to ensure, that the availability of direct

health care to individuals who are not primary beneficiaries of the

providing Department is (i) on a referral basis from the facility

or service region of the other Department, and (ii) does not (as

determined by the head of the providing facility or region)

adversely affect the range of services, the quality of care, or the

established priorities for care provided to the primary

beneficiaries of the providing Department.

(E) Each such agreement shall provide that a providing Department

or service region shall be reimbursed for the cost of the health

care resources provided under the agreement and that the rate of

such reimbursement shall be as determined in accordance with

paragraph (2).

(F) Each proposal for an agreement under this paragraph shall be

effective (i) on the 46th day after the receipt of such proposal by

the Committee, unless earlier disapproved, or (ii) if earlier

approved by the Committee, on the date of such approval.

(G) Any funds received through such a uniform payment and

reimbursement schedule shall be credited to funds that have been

allotted to the facility of either Department that provided the

care or services, or is due the funds from, any such agreement.

(f) Annual Joint Report. - (1) At the time the President's budget

is transmitted to Congress in any year pursuant to section 1105 of

title 31, the two Secretaries shall submit to Congress a joint

report on health care coordination and sharing activities under

this section during the fiscal year that ended during the previous

calendar year.

(2) Each report under this section shall include the following:

(A) The guidelines prescribed under subsection (e) (and any

revision of such guidelines).

(B) The assessment of further opportunities identified under

subparagraph (C) of subsection (c)(5) for the sharing of

health-care resources between the two Departments.

(C) Any recommendation made under subsection (c)(4) during such

fiscal year.

(D) A review of the sharing agreements entered into under

subsection (e) and a summary of activities under such agreements

during such fiscal year and a description of the results of such

agreements in improving access to, and the quality and cost

effectiveness of, the health care provided by the Veterans Health

Administration and the Military Health System to the

beneficiaries of both Departments.

(E) A summary of other planning and activities involving either

Department in connection with promoting the coordination and

sharing of Federal health-care resources during the preceding

fiscal year.

(F) Such recommendations for legislation as the two Secretaries

consider appropriate to facilitate the sharing of health-care

resources between the two Departments.

(3) In addition to the matters specified in paragraph (2), the

two Secretaries shall include in the annual report under this

subsection an overall status report of the progress of health

resources sharing between the two Departments as a consequence of

subtitle C of title VII of the Bob Stump National Defense

Authorization Act for Fiscal Year 2003 and of other sharing

initiatives taken during the period covered by the report. Such

status report shall indicate the status of such sharing and shall

include appropriate data as well as analyses of that data. The

annual report shall include the following:

(A) Enumerations and explanations of major policy decisions

reached by the two Secretaries during the period covered by the

report period with respect to sharing between the two

Departments.

(B) A description of progress made in new ventures or

particular areas of sharing and coordination that would be of

policy interest to Congress consistent with the intent of such

subtitle.

(C) A description of enhancements of access to care of

beneficiaries of both Departments that came about as a result of

new sharing approaches brought about by such subtitle.

(D) A description of proposals for which funds are provided

through the joint incentives program under subsection (d),

together with a description of their results or status at the

time of the report, including access improvements, savings, and

quality-of-care enhancements they brought about, and a

description of any additional use of funds made available under

subsection (d).

(4) In addition to the matters specified in paragraphs (2) and

(3), the two Secretaries shall include in the annual report under

this subsection for each year through 2008 the following:

(A) A description of the measures taken, or planned to be

taken, to implement the health resources sharing project under

section 722 of the Bob Stump National Defense Authorization Act

for Fiscal Year 2003 and any cost savings anticipated, or cost

sharing achieved, at facilities participating in the project,

including information on improvements in access to care, quality,

and timeliness, as well as impediments encountered and

legislative recommendations to ameliorate such impediments.

(B) A description of the use of the waiver authority provided

by section 722(d)(1) of the Bob Stump National Defense

Authorization Act for Fiscal Year 2003, including -

(i) a statement of the numbers and types of requests for

waivers under that section of administrative policies that have

been made during the period covered by the report and, for each

such request, an explanation of the content of each request,

the intended purpose or result of the requested waiver, and the

disposition of each request; and

(ii) descriptions of any new administrative policies that

enhance the success of the project.

(5) In addition to the matters specified in paragraphs (2), (3),

and (4), the two Secretaries shall include in the annual report

under this subsection for each year through 2009 a report on the

pilot program for graduate medical education under section 725 of

the Bob Stump National Defense Authorization Act for Fiscal Year

2003, including activities under the program during the preceding

year and each Secretary's assessment of the efficacy of providing

education and training under that program.

(g) Definitions. - For the purposes of this section:

(1) The term "beneficiary" means a person who is a primary

beneficiary of the Department of Veterans Affairs or of the

Department of Defense.

(2) The term "direct health care" means health care provided to

a beneficiary in a medical facility operated by the Department of

Veterans Affairs or the Department of Defense.

(3) The term "head of a medical facility" (A) with respect to a

medical facility of the Department of Veterans Affairs, means the

director of the facility, and (B) with respect to a medical

facility of the Department of Defense, means the medical or

dental officer in charge or the contract surgeon in charge.

(4) The term "health-care resource" includes hospital care,

medical services, and rehabilitative services, as those terms are

defined in paragraphs (5), (6), and (8), respectively, of section

1701 of this title, services under sections 1782 and 1783 of this

title, any other health-care service, and any health-care support

or administrative resource.

(5) The term "primary beneficiary" (A) with respect to the

Department means a person who is eligible under this title (other

than under section 1782, 1783, or 1784 or subsection (d) of this

section) or any other provision of law for care or services in

Department medical facilities, and (B) with respect to the

Department of Defense, means a member or former member of the

Armed Forces who is eligible for care under section 1074 of title

10.

(6) The term "providing Department" means the Department of

Veterans Affairs, in the case of care or services furnished by a

facility of the Department of Veterans Affairs, and the

Department of Defense, in the case of care or services furnished

by a facility of the Department of Defense.

(7) The term "service region" means a geographic service area

of the Veterans Health Administration, in the case of the

Department of Veterans Affairs, and a service region, in the case

of the Department of Defense.

-SOURCE-

(Added Pub. L. 96-22, title III, Sec. 301(a), June 13, 1979, 93

Stat. 60, Sec. 5011; amended Pub. L. 97-174, Sec. 3(a), (b)(1), May

4, 1982, 96 Stat. 70, 73; Pub. L. 97-452, Sec. 2(e)(4), Jan. 12,

1983, 96 Stat. 2479; renumbered Sec. 8111 and amended Pub. L.

102-40, title IV, Sec. 402(b)(1), (d)(1), May 7, 1991, 105 Stat.

238, 239; Pub. L. 102-83, Secs. 4(a)(3), (4), (b)(1), (2)(E),

5(c)(1), Aug. 6, 1991, 105 Stat. 404-406; Pub. L. 102-405, title

III, Sec. 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 103-446,

title XII, Sec. 1201(g)(8), (i)(10), Nov. 2, 1994, 108 Stat. 4687,

4688; Pub. L. 107-135, title II, Sec. 208(e)(6), Jan. 23, 2002, 115

Stat. 2464; Pub. L. 107-314, div. A, title VII, Sec. 721(a)(1),

Dec. 2, 2002, 116 Stat. 2589.)

-REFTEXT-

REFERENCES IN TEXT

The Government Performance and Results Act, referred to in

subsec. (b)(1), probably means the Government Performance and

Results Act of 1993, Pub. L. 103-62, Aug. 3, 1993, 107 Stat. 285,

which enacted section 306 of Title 5, Government Organization and

Employees, sections 1115 to 1119, 9703, and 9704 of Title 31, Money

and Finance, and sections 2801 to 2805 of Title 39, Postal Service,

amended section 1105 of Title 31, and enacted provisions set out as

notes under sections 1101 and 1115 of Title 31. For complete

classification of this Act to the Code, see Short Title of 1993

Amendment note set out under section 1101 of Title 31 and Tables.

The Bob Stump National Defense Authorization Act for Fiscal Year

2003, referred to in subsec. (f)(3), is Pub. L. 107-314, Dec. 2,

2002, 116 Stat. 2458. Subtitle C (Secs. 721-726) of title VII of

division A of the Act amended this section, section 8110 of this

title, and section 1104 of Title 10, Armed Forces, enacted

provisions set out as notes under this section, section 8110 of

this title, and sections 1074g and 1094a of Title 10, and repealed

provisions set out as a note under section 1094a of Title 10.

Section 722 of the Act is set out as a note under this section.

Section 725 of the Act is set out as a note under section 1094a of

Title 10. For complete classification of this Act to the Code, see

Tables.

-MISC1-

PRIOR PROVISIONS

Provisions similar to those comprising this section were

contained in former section 5003 of this title prior to the general

revision of this subchapter by Pub. L. 96-22.

AMENDMENTS

2002 - Pub. L. 107-314 amended section catchline and text

generally. Prior to amendment, text related to agreements and

contracts for mutual use or exchange of use of hospital and

domiciliary facilities and other resources by the Secretary of

Veterans Affairs and the Secretary of the Army, the Secretary of

the Air Force, and the Secretary of the Navy and provided for

establishment of the Department/Department of Defense Health-Care

Resources Sharing Committee.

Subsec. (g)(4). Pub. L. 107-135, Sec. 208(e)(6)(A), inserted

"services under sections 1782 and 1783 of this title" after "of

this title,".

Subsec. (g)(5). Pub. L. 107-135, Sec. 208(e)(6)(B), substituted

"section 1782, 1783, or 1784" for "section 1711(b) or 1713".

1994 - Subsec. (b)(2). Pub. L. 103-446, Sec. 1201(g)(8)(A), in

concluding provisions, substituted "During odd-numbered fiscal

years" for "During fiscal years 1982 and 1983" and "During

even-numbered fiscal years" for "During fiscal year 1984" and

struck out after third sentence "Thereafter, the chairmanship of

the Committee shall alternate each fiscal year between the Under

Secretary for Health and the Assistant Secretary."

Subsec. (b)(4). Pub. L. 103-446, Sec. 1201(g)(8)(B), substituted

"At such times as" for "Within nine months of the date of the

enactment of this subsection and at such times thereafter as".

Subsec. (f)(6). Pub. L. 103-446, Sec. 1201(i)(10), inserted "of

Defense" after second reference to "Secretary".

1992 - Subsecs. (b)(2), (d)(5), (e). Pub. L. 102-405 substituted

"Under Secretary for Health" for "Chief Medical Director" wherever

appearing.

1991 - Pub. L. 102-40, Sec. 402(b)(1), renumbered section 5011 of

this title as this section.

Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Sharing of

Department" for "Sharing of Veterans' Administration" in section

catchline.

Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator" in two places.

Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for

"Veterans' Administration" in two places.

Pub. L. 102-40, Sec. 402(d)(1), substituted "8110(a)(1)" for

"5010(a)(1)".

Subsec. (b). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator" in par. (4).

Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for

"Veterans' Administration" wherever appearing in pars. (1) and

(2)(A).

Subsec. (c)(1). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator".

Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for

"Veterans' Administration".

Subsec. (f). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator" in introductory provisions and in

par. (6).

Subsec. (g). Pub. L. 102-83, Sec. 5(c)(1), substituted "1701" for

"601" in par. (4) and "1711(b) or 1713" for "611(b) or 613" in par.

(5).

Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for

"Veterans' Administration" wherever appearing.

1983 - Subsec. (f). Pub. L. 97-452 substituted "section 1105 of

title 31" for "section 201(a) of the Budget and Accounting Act,

1921 (31 U.S.C. 11(a))".

1982 - Pub. L. 97-174, Sec. 3(b)(1), substituted "Sharing of

Veterans' Administration and Department of Defense health-care

resources" for "Use of Armed Forces facilities" in section

catchline.

Subsec. (a). Pub. L. 97-174, Sec. 3(a)(1), (2), designated

existing provisions as subsec. (a) and substituted "material, and

other resources as may be needed to operate such facilities

properly, except that the Administrator may not enter into an

agreement that would result (1) in a permanent reduction in the

total number of authorized Veterans' Administration hospital beds

and nursing home beds to a level below the minimum number of such

beds required by section 5010(a)(1) of this title to be authorized,

or (2) in a permanent reduction in the total number of such beds

operated and maintained to a level below the minimum number of such

beds required by such section to be operated and maintained" for

"and material as may be needed to operate such facilities properly,

or for the transfer, without reimbursement of appropriations, of

facilities, supplies, equipment, or material necessary and proper

for authorized care for veterans, except that at no time shall the

Administrator enter into any agreement which will result in a

permanent reduction of Veterans' Administration hospital and

domiciliary beds below the number established or approved on June

22, 1944, plus the estimated number required to meet the load of

eligibles under this title,".

Subsecs. (b) to (g). Pub. L. 97-174, Sec. 3(a)(3), added subsecs.

(b) to (g).

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107-314, div. A, title VII, Sec. 721(c), Dec. 2, 2002,

116 Stat. 2595, provided that: "The amendments made by this section

[amending this section and section 1104 of Title 10, Armed Forces]

shall take effect on October 1, 2003."

HEALTH CARE RESOURCES SHARING AND COORDINATION PROJECT

Pub. L. 107-314, div. A, title VII, Sec. 722, Dec. 2, 2002, 116

Stat. 2595, provided that:

"(a) Establishment. - (1) The Secretary of Veterans Affairs and

the Secretary of Defense shall conduct a health care resources

sharing project to serve as a test for evaluating the feasibility,

and the advantages and disadvantages, of measures and programs

designed to improve the sharing and coordination of health care and

health care resources between the Department of Veterans Affairs

and the Department of Defense. The project shall be carried out, as

a minimum, at the sites identified under subsection (b).

"(2) Reimbursement between the two Departments with respect to

the project under this section shall be made in accordance with the

provisions of section 8111(e)(2) of title 38, United States Code,

as amended by section 721(a).

"(b) Site Identification. - (1) Not later than 90 days after the

date of the enactment of this Act [Dec. 2, 2002], the Secretaries

shall jointly identify not less than three sites for the conduct of

the project under this section.

"(2) For purposes of this section, a site at which the resource

sharing project shall be carried out is an area in the United

States in which -

"(A) one or more military treatment facilities and one or more

VA health care facilities are situated in relative proximity to

each other, including facilities engaged in joint ventures as of

the date of the enactment of this Act; and

"(B) for which an agreement to coordinate care and programs for

patients at those facilities could be implemented not later than

October 1, 2004.

"(c) Conduct of Project. - (1) At sites at which the project is

conducted, the Secretaries shall provide a test of a coordinated

management system for the military treatment facilities and VA

health care facilities participating in the project. Such a

coordinated management system for a site shall include at least one

of the elements specified in paragraph (2), and each of the

elements specified in that paragraph must be included in the

coordinated management system for at least one of the participating

sites.

"(2) Elements of a coordinated management system referred to in

paragraph (1) are the following:

"(A) A budget and financial management system for those

facilities that -

"(i) provides managers with information about the costs of

providing health care by both Departments at the site; and

"(ii) allows managers to assess the advantages and

disadvantages (in terms of relative costs, benefits, and

opportunities) of using resources of either Department to

provide or enhance health care to beneficiaries of either

Department.

"(B) A coordinated staffing and assignment system for the

personnel (including contract personnel) employed at or assigned

to those facilities, including clinical practitioners of either

Department.

"(C) Medical information and information technology systems for

those facilities that -

"(i) are compatible with the purposes of the project;

"(ii) communicate with medical information and information

technology systems of corresponding elements of those

facilities; and

"(iii) incorporate minimum standards of information quality

that are at least equivalent to those adopted for the

Departments at large in their separate health care systems.

"(d) Authority To Waive Certain Administrative Policies. - (1)(A)

In order to carry out subsection (c), the Secretary of Defense may,

in the Secretary's discretion, waive any administrative policy of

the Department of Defense otherwise applicable to that subsection

that specifically conflicts with the purposes of the project, in

instances in which the Secretary determines that the waiver is

necessary for the purposes of the project.

"(B) In order to carry out subsection (c), the Secretary of

Veterans Affairs may, in the Secretary's discretion, waive any

administrative policy of the Department of Veterans Affairs

otherwise applicable to that subsection that specifically conflicts

with the purposes of the project, in instances in which the

Secretary determines that the waiver is necessary for the purposes

of the project.

"(C) The two Secretaries shall establish procedures for resolving

disputes that may arise from the effects of policy changes that are

not covered by other agreements or existing procedures.

"(2) No waiver under paragraph (1) may alter any labor-management

agreement in effect as of the date of the enactment of this Act

[Dec. 2, 2002] or adopted by either Department during the period of

the project.

"(e) Use by DOD of Certain Title 38 Personnel Authorities. - (1)

In order to carry out subsection (c), the Secretary of Defense may

apply to civilian personnel of the Department of Defense assigned

to or employed at a military treatment facility participating in

the project any of the provisions of subchapters I, III, and IV of

chapter 74 of title 38, United States Code, determined appropriate

by the Secretary.

"(2) For purposes of paragraph (1), any reference in chapter 74

of title 38, United States Code -

"(A) to the 'Secretary' or the 'Under Secretary for Health'

shall be treated as referring to the Secretary of Defense; and

"(B) to the 'Veterans Health Administration' shall be treated

as referring to the Department of Defense.

"(f) Funding. - From amounts available for health care for a

fiscal year, each Secretary shall make available to carry out the

project not less than -

"(1) $3,000,000 for fiscal year 2003;

"(2) $6,000,000 for fiscal year 2004; and

"(3) $9,000,000 for each succeeding year during which the

project is in effect.

"(g) Definitions. - For purposes of this section:

"(1) The term 'military treatment facility' means a medical

facility under the jurisdiction of the Secretary of a military

department.

"(2) The term 'VA health care facility' means a facility under

the jurisdiction of the Veterans Health Administration of the

Department of Veterans Affairs.

"(h) Performance Review. - (1) The Comptroller General shall

provide for an annual on-site review at each of the project

locations selected by the Secretaries under this section.

"(2) Not later than 90 days after completion of the annual review

under paragraph (1), the Comptroller General shall submit a report

on such review to the Committees on Armed Services and Veterans'

Affairs of the Senate and House of Representatives.

"(3) Each such report shall include the following:

"(A) The strategic mission coordination between shared

activities.

"(B) The accuracy and validity of performance data used to

evaluate sharing performance and changes in standards of care or

services at the shared facilities.

"(C) A statement that all appropriated funds designated for

sharing activities are being used for direct support of sharing

initiatives.

"(D) Recommendations concerning continuance of the project at

each site for the succeeding 12-month period.

"(4) Whenever there is a recommendation under paragraph (3)(D) to

discontinue a resource sharing project under this section, the two

Secretaries shall act upon that recommendation as soon as

practicable.

"(5) In the initial report under this subsection, the Comptroller

General shall validate the baseline information used for

comparative analysis.

"(i) Termination. - (1) The project, and the authority provided

by this section, shall terminate on September 30, 2007.

"(2) The two Secretaries jointly may terminate the performance of

the project at any site when the performance of the project at that

site fails to meet performance expectations of the Secretaries,

based on recommendations from the Comptroller General under

subsection (h) or on other information available to the Secretaries

to warrant such action."

ACCESS TO CARE FOR TRICARE-ELIGIBLE MILITARY RETIREES

Pub. L. 106-117, title I, Sec. 113, Nov. 30, 1999, 113 Stat.

1556, provided that:

"(a) Interagency Agreement. - (1) The Secretary of Defense shall

enter into an agreement (characterized as a memorandum of

understanding or otherwise) with the Secretary of Veterans Affairs

with respect to the provision of medical care by the Secretary of

Veterans Affairs to eligible military retirees in accordance with

the provisions of subsection (c). That agreement shall include

provisions for reimbursement of the Secretary of Veterans Affairs

by the Secretary of Defense for medical care provided by the

Secretary of Veterans Affairs to an eligible military retiree and

may include such other provisions with respect to the terms and

conditions of such care as may be agreed upon by the two

Secretaries.

"(2) Reimbursement under the agreement under paragraph (1) shall

be in accordance with rates agreed upon by the Secretary of Defense

and the Secretary of Veterans Affairs. Such reimbursement may be

made by the Secretary of Defense or by the appropriate TRICARE

Managed Care Support contractor, as determined in accordance with

that agreement.

"(3) In entering into the agreement under paragraph (1),

particularly with respect to determination of the rates of

reimbursement under paragraph (2), the Secretary of Defense shall

consult with TRICARE Managed Care Support contractors.

"(4) The Secretary of Veterans Affairs may not enter into an

agreement under paragraph (1) for the provision of care in

accordance with the provisions of subsection (c) with respect to

any geographic service area, or a part of any such area, of the

Veterans Health Administration unless -

"(A) in the judgment of that Secretary, the Department of

Veterans Affairs will recover the costs of providing such care to

eligible military retirees; and

"(B) that Secretary has certified and documented, with respect

to any geographic service area in which the Secretary proposes to

provide care in accordance with the provisions of subsection (c),

that such geographic service area, or designated part of any such

area, has adequate capacity (consistent with the requirements in

section 1705(b)(1) of title 38, United States Code, that care to

enrollees shall be timely and acceptable in quality) to provide

such care.

"(5) The agreement under paragraph (1) shall be entered into by

the Secretaries not later than nine months after the date of the

enactment of this Act [Nov. 30, 1999]. If the Secretaries are

unable to reach agreement, they shall jointly report, by that date

or within 30 days thereafter, to the Committees on Armed Services

and the Committees on Veterans' Affairs of the Senate and House of

Representatives on the reasons for their inability to reach an

agreement and their mutually agreed plan for removing any

impediments to final agreement.

"(b) Depositing of Reimbursements. - Amounts received by the

Secretary of Veterans Affairs under the agreement under subsection

(a) shall be deposited in the Department of Veterans Affairs Health

Services Improvement Fund established under section 1729B of title

38, United States Code, as added by section 202.

"(c) Copayment Requirement. - The provisions of subsections

(f)(1) and (g)(1) of section 1710 of title 38, United States Code,

shall not apply in the case of an eligible military retiree who is

covered by the agreement under subsection (a).

"(d) Phased Implementation. - (1) The Secretary of Defense shall

include in each TRICARE contract entered into after the date of the

enactment of this Act [Nov. 30, 1999] provisions to implement the

agreement under subsection (a).

"(2) The provisions of the agreement under subsection (a)(2) and

the provisions of subsection (c) shall apply to the furnishing of

medical care by the Secretary of Veterans Affairs in any area of

the United States only if that area is covered by a TRICARE

contract that was entered into after the date of the enactment of

this Act.

"(e) Eligible Military Retirees. - For purposes of this section,

an eligible military retiree is a member of the Army, Navy, Air

Force, or Marine Corps who -

"(1) has retired from active military, naval, or air service;

"(2) is eligible for care under the TRICARE program established

by the Secretary of Defense;

"(3) has enrolled for care under section 1705 of title 38,

United States Code; and

"(4) is not described in paragraph (1) or (2) of section

1710(a) of such title."

HEALTH-CARE SHARING AGREEMENTS BETWEEN DEPARTMENT OF VETERANS

AFFAIRS AND DEPARTMENT OF DEFENSE

Pub. L. 106-398, Sec. 1 [[div. A], title VII, Sec. 741], Oct. 30,

2000, 114 Stat. 1654, 1654A-192, provided that:

"(a) Primacy of Sharing Agreements. - The Secretary of Defense

shall -

"(1) give full force and effect to any agreement into which the

Secretary or the Secretary of a military department entered under

section 8111 of title 38, United States Code, or under section

1535 of title 31, United States Code, which was in effect on

September 30, 1999; and

"(2) ensure that the Secretary of the military department

concerned directly reimburses the Secretary of Veterans Affairs

for any services or resources provided under such agreement in

accordance with the terms of such agreement, including terms

providing for reimbursement from funds available for that

military department.

"(b) Modification or Termination. - Any agreement described in

subsection (a) shall remain in effect in accordance with such

subsection unless, during the 12-month period following the date of

the enactment of this Act [Oct. 30, 2000], such agreement is

modified or terminated in accordance with the terms of such

agreement."

Pub. L. 104-262, title III, Sec. 302(b)(2), Oct. 9, 1996, 110

Stat. 3193, provided that: "Any services provided pursuant to

agreements entered into under section 201 of such Act [Pub. L.

102-585] (38 U.S.C. 8111 note) during the period beginning on

October 1, 1996, and ending on the date of the enactment of this

Act [Oct. 9, 1996] are hereby ratified."

Pub. L. 102-585, title II, Nov. 4, 1992, 106 Stat. 4949, as

amended by Pub. L. 103-446, title XII, Sec. 1202(e)(1), Nov. 2,

1994, 108 Stat. 4689; Pub. L. 104-262, title III, Sec. 302(a),

(b)(1), (c), Oct. 9, 1996, 110 Stat. 3193, provided that:

"SEC. 201. TEMPORARY EXPANSION OF AUTHORITY FOR SHARING

AGREEMENTS.

"(a) Authority. - The Secretary of Veterans Affairs may enter

into an agreement with the Secretary of Defense under this section

to expand the availability of health-care sharing arrangements with

the Department of Defense under section 8111(c) of title 38, United

States Code. Under such an agreement -

"(1) the head of a Department of Veterans Affairs medical

facility may enter into agreements under section 8111(d) of that

title with (A) the head of a Department of Defense medical

facility, (B) with any other official of the Department of

Defense responsible for the provision of care under chapter 55 of

title 10, United States Code, to persons who are covered

beneficiaries under that chapter, in the region of the Department

of Veterans Affairs medical facility, or (C) with a contractor of

the Department of Defense responsible for the provision of care

under chapter 55 of title 10, United States Code, to persons who

are covered beneficiaries under that chapter, in the region of

the Department of Veterans Affairs medical facility; and

"(2) the term 'primary beneficiary' shall be treated as

including -

"(A) with respect to the Department of Veterans Affairs, any

person who is described in section 1713 [now 1781] of title 38,

United States Code; and

"(B) with respect to the Department of Defense, any person

who is a covered beneficiary under chapter 55 of title 10,

United States Code.

"(b) Use of Funds. - Any amount received by the Secretary from a

non-Federal entity as payment for services provided by the

Secretary during a prior fiscal year under an agreement entered

into under this section may be obligated by the Secretary during

the fiscal year in which the Secretary receives the payment.

"SEC. 202. REQUIREMENT FOR IMPROVEMENT IN SERVICES FOR VETERANS.

"A proposed agreement authorized by section 201 that is entered

into by the head of a Department of Veterans Affairs medical

facility may take effect only if the Under Secretary for Health of

the Department of Veterans Affairs finds, and certifies to the

Secretary of Veterans Affairs, that implementation of the agreement

-

"(1) will result in the improvement of services to eligible

veterans at that facility; and

"(2) will not result in the denial of, or a delay in providing,

access to care for any veteran at that facility.

"SEC. 203. EXPANDED SHARING AGREEMENTS WITH DEPARTMENT OF

DEFENSE.

"Under an agreement under section 201, guidelines under section

8111(b) of title 38, United States Code, may be modified to provide

that, notwithstanding any other provision of law, any person who is

a covered beneficiary under chapter 55 of title 10 and who is

furnished care or services by a facility of the Department of

Veterans Affairs under an agreement entered into under section 8111

of that title, or who is described in section 1713 [now 1781] of

title 38, United States Code, and who is furnished care or services

by a facility of the Department of Defense, may be authorized to

receive such care or services -

"(1) without regard to any otherwise applicable requirement for

the payment of a copayment or deductible; or

"(2) subject to a requirement to pay only part of any such

otherwise applicable copayment or deductible, as specified in the

guidelines.

"[SEC. 204. Repealed. Pub. L. 104-262, title III, Sec. 302(b)(1),

Oct. 9, 1996, 110 Stat. 3193.]

"SEC. 205. CONSULTATION WITH VETERANS SERVICE ORGANIZATIONS.

"In carrying out this title, the Secretary of Veterans Affairs

shall consult with organizations named in or approved under section

5902 of title 38, United States Code.

"SEC. 206. ANNUAL REPORT.

"(a) In General. - For each of fiscal years 1993 through 1996,

the Secretary of Defense and the Secretary of Veterans Affairs

shall include in the annual report of the Secretaries under section

8111(f) of title 38, United States Code, a description of the

Secretaries' implementation of this section.

"(b) Additional Matters for Fiscal Year 1996 Report. - In the

report under subsection (a) for fiscal year 1996, the Secretaries

shall include the following:

"(1) An assessment of the effect of agreements entered into

under section 201 on the delivery of health care to eligible

veterans.

"(2) An assessment of the cost savings, if any, associated with

provision of services under such agreements to retired members of

the Armed Forces, dependents of members or former members of a

uniformed service, and beneficiaries under section 1713 [now

1781] of title 38, United States Code.

"(3) Any plans for administrative action, and any

recommendations for legislation, that the Secretaries consider

appropriate to include in the report.

"SEC. 207. AUTHORITY TO BILL HEALTH-PLAN CONTRACTS.

"(a) Right To Recover. - In the case of a primary beneficiary (as

described in section 201(a)(2)(B)) who has coverage under a

health-plan contract, as defined in section 1729(i)(1)(A) of title

38, United States Code, and who is furnished care or services by a

Department medical facility pursuant to this title, the United

States shall have the right to recover or collect charges for such

care or services from such health-plan contract to the extent that

the beneficiary (or the provider of the care or services) would be

eligible to receive payment for such care or services from such

health-plan contract if the care or services had not been furnished

by a department or agency of the United States. Any funds received

from such health-plan contract shall be credited to funds that have

been allotted to the facility that furnished the care or services.

"(b) Enforcement. - The right of the United States to recover

under such a beneficiary's health-plan contract shall be

enforceable in the same manner as that provided by subsections

(a)(3), (b), (c)(1), (d), (f), (h), and (i) of section 1729 of

title 38, United States Code."

CONGRESSIONAL FINDINGS

Section 2(a) of Pub. L. 97-174 provided that: "The Congress makes

the following findings:

"(1) There are opportunities for greater sharing of the

health-care resources of the Veterans' Administration and the

Department of Defense which would, if achieved, be beneficial to

both veterans and members of the Armed Forces and could result in

reduced costs to the Government by minimizing duplication and

underuse of health-care resources.

"(2) Present incentives to encourage such sharing of

health-care resources are inadequate.

"(3) Such sharing of health-care resources can be achieved

without a detrimental effect on the primary health-care

beneficiaries of the Veterans' Administration and the Department

of Defense."

-EXEC-

EX. ORD. NO. 13214. PRESIDENT'S TASK FORCE TO IMPROVE HEALTH CARE

DELIVERY FOR OUR NATION'S VETERANS

Ex. Ord. No. 13214, May 28, 2001, 66 F.R. 29447, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including the Federal

Advisory Committee Act, as amended (5 U.S.C. App.), and in order to

provide prompt and efficient access to consistently high quality

health care for veterans who have served the Nation, it is hereby

ordered as follows:

Section 1. Establishment. There is established the President's

Task Force to Improve Health Care Delivery for Our Nation's

Veterans (Task Force).

Sec. 2. Membership. The Task Force shall be comprised of 15

members appointed by the President. Two of the 15 members shall

serve as co-chairs of the Task Force. The Task Force membership

shall include health care experts, officials familiar with

Department of Veterans Affairs and Department of Defense health

care systems, and representatives from veteran and military service

organizations.

Sec. 3. Mission. The mission of the Task Force shall be to:

(a) identify ways to improve benefits and services for

Department of Veterans Affairs beneficiaries and Department of

Defense military retirees who are also eligible for benefits from

the Department of Veterans Affairs through better coordination of

the activities of the two departments;

(b) review barriers and challenges that impede Department of

Veterans Affairs and Department of Defense coordination,

including budgeting processes, timely billing, cost accounting,

information technology, and reimbursement. Identify opportunities

to improve such business practices to ensure high quality and

cost effective health care; and

(c) identify opportunities for improved resource utilization

through partnership between the Department of Veterans Affairs

and the Department of Defense to maximize the use of resources

and infrastructure, including: buildings, information technology

and data sharing systems, procurement of supplies, equipment and

services, and delivery of care.

Sec. 4. Administration.

(a) The Department of Veterans Affairs shall, to the extent

permitted by law, provide administrative support and funding for

the Task Force.

(b) Members of the Task Force shall serve without any

compensation for their work on the Task Force. Members appointed

from among private citizens of the United States, however, while

engaged in the work of the Task Force, may be allowed travel

expenses, including per diem in lieu of subsistence, as

authorized by law for persons serving intermittently in

Government service (5 U.S.C. 5701-5707), to the extent funds are

available.

(c) The co-chairs of the Task Force shall appoint an Executive

Director to coordinate administration of the Task Force. To the

extent permitted by law, office space, analytical support, and

additional staff support for the Commission shall be provided by

executive branch departments and agencies as directed by the

President.

(d) The heads of the executive branch departments and agencies

shall, to the extent permitted by law, provide the Task Force

with information as requested by the co-chairs.

(e) At the call of the co-chairs, the Task Force shall meet as

necessary to accomplish its mission.

(f) The functions of the President under the Federal Advisory

Committee Act, as amended, except for those in section 6 of that

Act, that are applicable to the Task Force, shall be performed by

the Department of Veterans Affairs, in accordance with the

guidelines that have been issued by the Administrator of General

Services.

Sec. 5. Reports. The Task Force shall report its findings and

recommendations to the President, through the Secretary of Veterans

Affairs and Secretary of Defense. The Task Force shall issue an

interim report in 9 months from the date of the first meeting of

the Task Force. The Task Force shall issue a final report prior to

the end of the second year of operation.

Sec. 6. Termination. The Task Force shall terminate 30 days after

submitting its final report, but no later than 2 years from the

date of this order.

George W. Bush.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 8102, 8104, 8107 of this

title; title 10 sections 1104, 2641.

-End-

-CITE-

38 USC Sec. 8111A 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 81 - ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY

FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE

LEASES OF REAL PROPERTY

SUBCHAPTER I - ACQUISITION AND OPERATION OF MEDICAL FACILITIES

-HEAD-

Sec. 8111A. Furnishing of health-care services to members of the

Armed Forces during a war or national emergency

-STATUTE-

(a)(1) During and immediately following a period of war, or a

period of national emergency declared by the President or the

Congress that involves the use of the Armed Forces in armed

conflict, the Secretary may furnish hospital care, nursing home

care, and medical services to members of the Armed Forces on active

duty.

(2)(A) During and immediately following a disaster or emergency

referred to in subparagraph (B), the Secretary may furnish hospital

care and medical services to members of the Armed Forces on active

duty responding to or involved in that disaster or emergency.

(B) A disaster or emergency referred to in this subparagraph is

any disaster or emergency as follows:

(i) A major disaster or emergency declared by the President

under the Robert B. Stafford Disaster Relief and Emergency

Assistance Act (42 U.S.C. 5121 et seq.).

(ii) A disaster or emergency in which the National Disaster

Medical System established pursuant to section 2811(b) of the

Public Health Service Act (42 U.S.C. 300hh-11(b)) is activated by

the Secretary of Health and Human Services under paragraph (3)(A)

of that section or as otherwise authorized by law.

(3) The Secretary may give a higher priority to the furnishing of

care and services under this section than to the furnishing of care

and services to any other group of persons eligible for care and

services in medical facilities of the Department with the exception

of veterans with service-connected disabilities.

(4) For the purposes of this section, the terms "hospital care",

"nursing home care", and "medical services" have the meanings given

such terms by sections 1701(5), 101(28), and 1701(6) of this title,

respectively, and the term "medical services" includes services

under sections 1782 and 1783 of this title.

(b)(1) During a period in which the Secretary is authorized to

furnish care and services to members of the Armed Forces under

subsection (a) of this section, the Secretary, to the extent

authorized by the President and subject to the availability of

appropriations or reimbursements under subsection (c) of this

section, may enter into contracts with private facilities for the

provision during such period by such facilities of hospital care

and medical services described in paragraph (2) of this subsection.

(2) Hospital care and medical services referred to in paragraph

(1) of this subsection are -

(A) hospital care and medical services authorized under this

title for a veteran and necessary for the care or treatment of a

condition for which the veteran is receiving medical services at

a Department facility under subsection (a) of section 1710 of

this title, in a case in which the delay involved in furnishing

such care or services at such Department facility or at any other

Department facility reasonably accessible to the veteran would,

in the judgment of the Under Secretary for Health, be likely to

result in a deterioration of such condition; and

(B) hospital care for a veteran who -

(i) is receiving hospital care under section 1710 of this

title; or

(ii) is eligible for hospital care under such section and

requires such care in a medical emergency that poses a serious

threat to the life or health of the veteran;

if Department facilities are not capable of furnishing or

continuing to furnish the care required because of the furnishing

of care and services to members of the Armed Forces under

subsection (a) of this section.

(c)(1) The cost of any care or services provided by the

Department under subsection (a) of this section shall be reimbursed

to the Department by the Department of Defense at such rates as may

be agreed upon by the Secretary and the Secretary of Defense based

on the cost of the care or services provided.

(2) Amounts received under this subsection shall be credited to

funds allotted to the Department facility that provided the care or

services.

(d)(1) The Secretary of Veterans Affairs and the Secretary of

Defense shall jointly review plans for the implementation of this

section not less often than annually.

(2) Whenever a modification to such plans is agreed to, the

Secretaries shall jointly submit to the Committees on Veterans'

Affairs of the Senate and House of Representatives a report on such

modification. Any such report shall be submitted within 30 days

after the modification is agreed to.

(e) The Secretary shall prescribe regulations to govern any

exercise of the authority of the Secretary under subsections (a)

and (b) of this section and of the Under Secretary for Health under

subsection (b)(2)(A) of this section.

-SOURCE-

(Added Pub. L. 97-174, Sec. 4(a), May 4, 1982, 96 Stat. 74, Sec.

5011A; renumbered Sec. 8111A, Pub. L. 102-40, title IV, Sec.

402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L. 102-54, Sec.

14(f)(4), June 13, 1991, 105 Stat. 287; Pub. L. 102-83, Secs.

4(a)(3), (4), (b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat.

404-406; Pub. L. 102-405, title III, Sec. 302(c)(1), Oct. 9, 1992,

106 Stat. 1984; Pub. L. 104-262, title I, Sec. 101(e)(5), Oct. 9,

1996, 110 Stat. 3181; Pub. L. 106-419, title IV, Sec. 403(b), Nov.

1, 2000, 114 Stat. 1864; Pub. L. 107-135, title II, Sec. 208(e)(7),

Jan. 23, 2002, 115 Stat. 2464; Pub. L. 107-287, Sec. 4(b), Nov. 7,

2002, 116 Stat. 2029.)

-REFTEXT-

REFERENCES IN TEXT

The Robert B. Stafford Disaster Relief and Emergency Assistance

Act, referred to in subsec. (a)(2)(B)(i), probably means the Robert

T. Stafford Disaster Relief and Emergency Assistance Act, Pub. L.

93-288, May 22, 1974, 88 Stat. 143, as amended, which is classified

principally to chapter 68 (Sec. 5121 et seq.) of Title 42, The

Public Health and Welfare. For complete classification of this Act

to the Code, see Short Title note set out under section 5121 of

Title 42 and Tables.

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-287 redesignated second sentence

of par. (1) as par. (3), added par. (2), and redesignated former

par. (2) as (4).

Subsec. (a)(2). Pub. L. 107-135 inserted ", and the term 'medical

services' includes services under sections 1782 and 1783 of this

title" before period at end.

2000 - Subsec. (f). Pub. L. 106-419 struck out subsec. (f) which

read as follows: "Within thirty days after a declaration of a

period of war or national emergency described in subsection (a) of

this section (or as soon after the end of such thirty-day period as

is reasonably practicable), the Secretary shall submit to the

Committees on Veterans' Affairs of the Senate and House of

Representatives a report on the Secretary's allocation of

facilities and personnel in order to provide priority hospital

care, nursing home care, and medical services under this section to

members of the Armed Forces. Thereafter, with respect to any fiscal

year in which the authority in subsection (b) of this section to

enter into contracts with private facilities has been used, the

Secretary shall report within ninety days after the end of such

fiscal year to those committees regarding the extent of, and the

circumstances under which, such authority was used."

1996 - Subsec. (b)(2)(A). Pub. L. 104-262 substituted "subsection

(a) of section 1710" for "subsection (f) of section 1712".

1992 - Subsecs. (b)(2)(A), (e). Pub. L. 102-405 substituted

"Under Secretary for Health" for "Chief Medical Director".

1991 - Pub. L. 102-40 renumbered section 5011A of this title as

this section.

Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted "1701(5)"

for "601(5)" and "1701(6)" for "601(6)" in par. (2).

Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for

"Administrator" in two places in par. (1).

Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for

"Veterans' Administration" in par. (1).

Subsec. (b). Pub. L. 102-83, Sec. 5(c)(1), substituted "1712" for

"612" in par. (2)(A) and "1710" for "610" in par. (2)(B)(i).

Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for

"Administrator" in two places in par. (1).

Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for

"Veterans' Administration" wherever appearing in par. (2).

Pub. L. 102-54, Sec. 14(f)(4)(A), amended subsec. (b)(2)(A) as in

effect immediately before the enactment of Pub. L. 102-40 by

striking out "or (g)" after "subsection (f)".

Subsec. (c). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator" in par. (1).

Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for

"Veterans' Administration" wherever appearing.

Subsec. (d). Pub. L. 102-54, Sec. 14(f)(4)(B), amended section as

in effect immediately before the enactment of Pub. L. 102-40 by

adding subsec. (d) and striking out former subsec. (d) which read

as follows:

"(1) Not later than six months after the date of the enactment of

this section, the Administrator and the Secretary of Defense shall

enter into an agreement to plan and establish procedures and

guidelines for the implementation of this section. Not later than

one year after the date of the enactment of this section, the

Administrator and the Secretary shall complete plans for such

implementation and shall submit such plans to the Committees on

Veterans' Affairs and on Armed Services of the Senate and House of

Representatives.

"(2) The Administrator and the Secretary of Defense shall jointly

review such plans not less often than annually thereafter and shall

report to such committees any modification in such plans within

thirty days after the modification is agreed to."

Subsecs. (e), (f). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),

substituted "Secretary" for "Administrator" and "Secretary's" for

"Administrator's" wherever appearing.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the National Disaster Medical System of the Department of Health

and Human Services, including the functions of the Secretary of

Health and Human Services and the Assistant Secretary for Public

Health Emergency Preparedness relating thereto, to the Secretary of

Homeland Security, and for treatment of related references, see

sections 313(5), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-MISC2-

CONGRESSIONAL FINDINGS

Section 2(b) of Pub. L. 97-174 provided that: "The Congress makes

the following further findings:

"(1) During and immediately after a period of war or national

emergency involving the use of the Armed Forces of the United

States in armed conflict, the Department of Defense might not

have adequate health-care resources to care for military

personnel wounded in combat and other active-duty military

personnel.

"(2) The Veterans' Administration has an extensive,

comprehensive health-care system that could be used to assist the

Department of Defense in caring for such personnel in such a

situation."

-EXEC-

EX. ORD. NO. 12751. HEALTH CARE SERVICES FOR OPERATION DESERT STORM

Ex. Ord. No. 12751, Feb. 14, 1991, 56 F.R. 6787, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including the

National Emergencies Act (50 U.S.C. 1601 et seq.), section 5011A

[now 8111A] of title 38 of the United States Code, and pursuant to

the national emergency declared with respect to Iraq in Executive

Order No. 12722 of August 2, 1990 [50 U.S.C. 1701 note], it is

hereby ordered that, in the event that the Department of Veterans

Affairs is requested by the Department of Defense to furnish care

and services to members of the United States Armed Forces on active

duty in Operation Desert Storm, the Secretary of Veterans Affairs

may, pursuant to this order, enter into contracts with private

facilities for the provision of hospital care and medical services

for veterans to the fullest extent authorized by section

5011A(b)(1)-(2) [now 8111A(b)(1)-(2)] of title 38 of the United

States Code.

George Bush.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1721 of this title; title

10 section 1104.

-End-

-CITE-

38 USC Sec. 8112 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 81 - ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY

FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE

LEASES OF REAL PROPERTY

SUBCHAPTER I - ACQUISITION AND OPERATION OF MEDICAL FACILITIES

-HEAD-

Sec. 8112. Partial relinquishment of legislative jurisdiction

-STATUTE-

The Secretary, on behalf of the United States, may relinquish to

the State in which any lands or interests therein under the

supervision or control of the Secretary are situated, such measure

of legislative jurisdiction over such lands or interests as is

necessary to establish concurrent jurisdiction between the Federal

Government and the State concerned. Such partial relinquishment of

legislative jurisdiction shall be initiated by filing a notice

thereof with the Governor of the State concerned, or in such other

manner as may be prescribed by the laws of such State, and shall

take effect upon acceptance by such State.

-SOURCE-

(Added Pub. L. 96-22, title III, Sec. 301(a), June 13, 1979, 93

Stat. 60, Sec. 5012; renumbered Sec. 8112, Pub. L. 102-40, title

IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L.

102-83, Sec. 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those comprising this section were

contained in former section 5007 of this title prior to the general

revision of this subchapter by Pub. L. 96-22.

AMENDMENTS

1991 - Pub. L. 102-40 renumbered section 5012 of this title as

this section.

Pub. L. 102-83 substituted "Secretary" for "Administrator" in two

places.

-End-

-CITE-

38 USC Sec. 8113 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 81 - ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY

FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE

LEASES OF REAL PROPERTY

SUBCHAPTER I - ACQUISITION AND OPERATION OF MEDICAL FACILITIES

-HEAD-

Sec. 8113. Property formerly owned by National Home for Disabled

Volunteer Soldiers

-STATUTE-

If by reason of any defeasance or conditional clause or clauses

contained in any deed of conveyance of property to the National

Home for Disabled Volunteer Soldiers, which property is owned by

the United States, the full and complete enjoyment and use of such

property is threatened, the Attorney General, upon request of the

President, shall institute in the United States district court for

the district in which the property is located such proceedings as

may be proper to extinguish all outstanding adverse interests. The

Attorney General may procure and accept, on behalf of the United

States, by gift, purchase, cession, or otherwise, absolute title

to, and complete jurisdiction over, all such property.

-SOURCE-

(Added Pub. L. 96-22, title III, Sec. 301(a), June 13, 1979, 93

Stat. 61, Sec. 5013; renumbered Sec. 8113, Pub. L. 102-40, title

IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those comprising this section were

contained in former section 5006 of this title prior to the general

revision of this subchapter by Pub. L. 96-22.

AMENDMENTS

1991 - Pub. L. 102-40 renumbered section 5013 of this title as

this section.

-End-

-CITE-

38 USC Sec. 8114 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 81 - ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY

FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE

LEASES OF REAL PROPERTY

SUBCHAPTER I - ACQUISITION AND OPERATION OF MEDICAL FACILITIES

-HEAD-

Sec. 8114. Use of federally owned facilities; use of personnel

-STATUTE-

(a) The Secretary, subject to the approval of the President, may

use as medical facilities such suitable buildings, structures, and

grounds owned by the United States on March 3, 1925, as may be

available for such purposes, and the President may by Executive

order transfer any such buildings, structures, and grounds to the

control and jurisdiction of the Department upon the request of the

Secretary.

(b) The President may require the architectural, engineering,

constructing, or other forces of any of the departments of the

Government to do or assist in the construction and alteration of

medical facilities, and the President may employ for such purposes

individuals and agencies not connected with the Government, if in

the opinion of the President such is desirable, at such

compensation as the President may consider reasonable.

-SOURCE-

(Added Pub. L. 96-22, title III, Sec. 301(a), June 13, 1979, 93

Stat. 61, Sec. 5014; renumbered Sec. 8114, Pub. L. 102-40, title

IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L.

102-83, Sec. 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat.

404, 405.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those comprising this section were

contained in section 5001(e) of this title prior to the general

revision of this subchapter by Pub. L. 96-22.

AMENDMENTS

1991 - Pub. L. 102-40 renumbered section 5014 of this title as

this section.

Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator" in two places.

Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for

"Veterans' Administration".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 43 section 421c.

-End-

-CITE-

38 USC Sec. 8115 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 81 - ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY

FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE

LEASES OF REAL PROPERTY

SUBCHAPTER I - ACQUISITION AND OPERATION OF MEDICAL FACILITIES

-HEAD-

Sec. 8115. Acceptance of certain property

-STATUTE-

The President may accept from any State or other political

subdivision, or from any person, any building, structure,

equipment, or grounds suitable for the care of disabled persons,

with due regard to fire or other hazards, state of repair, and all

other pertinent considerations. The President may designate which

agency of the Federal Government shall have the control and

management of any property so accepted.

-SOURCE-

(Added Pub. L. 96-22, title III, Sec. 301(a), June 13, 1979, 93

Stat. 61, Sec. 5015; renumbered Sec. 8115, Pub. L. 102-40, title

IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those comprising this section were

contained in former section 5005 of this title prior to the general

revision of this subchapter by Pub. L. 96-22.

AMENDMENTS

1991 - Pub. L. 102-40 renumbered section 5015 of this title as

this section.

-End-

-CITE-

38 USC Sec. 8116 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 81 - ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY

FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE

LEASES OF REAL PROPERTY

SUBCHAPTER I - ACQUISITION AND OPERATION OF MEDICAL FACILITIES

-HEAD-

Sec. 8116. Nursing home revolving fund

-STATUTE-

(a)(1) Amounts realized from a transfer pursuant to section

8122(a)(2)(C) of this title shall be administered as a revolving

fund and shall be available without fiscal year limitation.

(2) The revolving fund shall be deposited in a checking account

with the Treasurer of the United States.

(b)(1) The expenditure of funds from the revolving fund may be

made only for the construction, alteration, and acquisition

(including site acquisition) of nursing home facilities and may be

made only as provided for in appropriation Acts.

(2) For the purpose of section 8104(a)(2) of this title, a bill,

resolution, or amendment which provides that funds in the revolving

fund may be expended for a project involving a total expenditure of

more than $2,000,000 for the construction, alteration, or

acquisition (including site acquisition) of a nursing home facility

shall be considered to be a bill, resolution, or amendment making

an appropriation which may be expended for a major medical facility

project.

-SOURCE-

(Added Pub. L. 100-322, title II, Sec. 205(a), May 20, 1988, 102

Stat. 512, Sec. 5016; renumbered Sec. 8116 and amended Pub. L.

102-40, title IV, Sec. 402(b)(1), (d)(1), May 7, 1991, 105 Stat.

238, 239.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-40, Sec. 402(b)(1), renumbered section 5016 of

this title as this section.

Pub. L. 102-40, Sec. 402(d)(1), substituted "8122(a)(2)(C)" for

"5022(a)(2)(C)" in subsec. (a)(1) and "8104(a)(2)" for "5004(a)(2)"

in subsec. (b)(2).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8122 of this title.

-End-

-CITE-

38 USC Sec. 8117 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 81 - ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY

FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE

LEASES OF REAL PROPERTY

SUBCHAPTER I - ACQUISITION AND OPERATION OF MEDICAL FACILITIES

-HEAD-

Sec. 8117. Emergency preparedness

-STATUTE-

(a) Readiness of Department Medical Centers. - (1) The Secretary

shall take appropriate actions to provide for the readiness of

Department medical centers to protect the patients and staff of

such centers from chemical or biological attack or otherwise to

respond to such an attack so as to enable such centers to fulfill

their obligations as part of the Federal response to public health

emergencies.

(2) Actions under paragraph (1) shall include -

(A) the provision of decontamination equipment and personal

protection equipment at Department medical centers; and

(B) the provision of training in the use of such equipment to

staff of such centers.

(b) Security at Department Medical and Research Facilities. - (1)

The Secretary shall take appropriate actions to provide for the

security of Department medical centers and research facilities,

including staff and patients at such centers and facilities.

(2) In taking actions under paragraph (1), the Secretary shall

take into account the results of the evaluation of the security

needs at Department medical centers and research facilities

required by section 154(b)(1) of the Public Health Security and

Bioterrorism Preparedness and Response Act of 2002 (Public Law

107-188; 116 Stat. 631), including the results of such evaluation

relating to the following needs:

(A) Needs for the protection of patients and medical staff

during emergencies, including a chemical or biological attack or

other terrorist attack.

(B) Needs, if any, for screening personnel engaged in research

relating to biological pathogens or agents, including work

associated with such research.

(C) Needs for securing laboratories or other facilities engaged

in research relating to biological pathogens or agents.

(c) Tracking of Pharmaceuticals and Medical Supplies and

Equipment. - The Secretary shall develop and maintain a centralized

system for tracking the current location and availability of

pharmaceuticals, medical supplies, and medical equipment throughout

the Department health care system in order to permit the ready

identification and utilization of such pharmaceuticals, supplies,

and equipment for a variety of purposes, including response to a

chemical or biological attack or other terrorist attack.

(d) Training. - The Secretary shall ensure that the Department

medical centers, in consultation with the accredited medical school

affiliates of such medical centers, develop and implement curricula

to train resident physicians and health care personnel in medical

matters relating to biological, chemical, or radiological attacks

or attacks from an incendiary or other explosive weapon.

(e) Participation in National Disaster Medical System. - (1) The

Secretary shall establish and maintain a training program to

facilitate the participation of the staff of Department medical

centers, and of the community partners of such centers, in the

National Disaster Medical System established pursuant to section

2811(b) of the Public Health Service Act (42 U.S.C. 300hh-11(b)).

(2) The Secretary shall establish and maintain the training

program under paragraph (1) in accordance with the recommendations

of the working group on the prevention, preparedness, and response

to bioterrorism and other public health emergencies established

under section 319F(a) of the Public Health Service Act (42 U.S.C.

247d-6(a)).

(3) The Secretary shall establish and maintain the training

program under paragraph (1) in consultation with the following:

(A) The Secretary of Defense.

(B) The Secretary of Health and Human Services.

(C) The Director of the Federal Emergency Management Agency.

(f) Mental Health Counseling. - (1) With respect to activities

conducted by personnel serving at Department medical centers, the

Secretary shall develop and maintain various strategies for

providing mental health counseling and assistance, including

counseling and assistance for post-traumatic stress disorder,

following a bioterrorist attack or other public health emergency to

the following persons:

(A) Veterans.

(B) Local and community emergency response providers.

(C) Active duty military personnel.

(D) Individuals seeking care at Department medical centers.

(2) The strategies under paragraph (1) shall include the

following:

(A) Training and certification of providers of mental health

counseling and assistance.

(B) Mechanisms for coordinating the provision of mental health

counseling and assistance to emergency response providers

referred to in paragraph (1).

(3) The Secretary shall develop and maintain the strategies under

paragraph (1) in consultation with the Secretary of Health and

Human Services, the American Red Cross, and the working group

referred to in subsection (e)(2).

-SOURCE-

(Added Pub. L. 107-287, Sec. 6(a)(1), Nov. 7, 2002, 116 Stat.

2030.)

-REFTEXT-

REFERENCES IN TEXT

Section 154(b)(1) of the Public Health Security and Bioterrorism

Preparedness and Response Act of 2002, referred to in subsec.

(b)(2), is section 154(b)(1) of Pub. L. 107-188, which is set out

as a note below.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the National Disaster Medical System of the Department of Health

and Human Services, including the functions of the Secretary of

Health and Human Services and the Assistant Secretary for Public

Health Emergency Preparedness relating thereto, to the Secretary of

Homeland Security, and for treatment of related references, see

sections 313(5), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-MISC1-

ENHANCEMENT OF EMERGENCY PREPAREDNESS OF DEPARTMENT OF VETERANS

AFFAIRS

Pub. L. 107-188, title I, Sec. 154, June 12, 2002, 116 Stat. 631,

as amended by Pub. L. 107-287, Sec. 6(b), (c), Nov. 7, 2002, 116

Stat. 2032, provided that:

"[(a) Repealed. Pub. L. 107-287, Sec. 6(b), Nov. 7, 2002, 116

Stat. 2032.]

"(b) Security at Department Medical and Research Facilities. -

(1) Not later than 180 days after the date of the enactment of this

Act [June 12, 2002], the Secretary [of Veterans Affairs] shall

carry out an evaluation of the security needs at Department medical

centers and research facilities. The evaluation shall address the

following needs:

"(A) Needs for the protection of patients and medical staff

during emergencies, including a chemical or biological attack or

other terrorist attack.

"(B) Needs, if any, for screening personnel engaged in research

relating to biological pathogens or agents, including work

associated with such research.

"(C) Needs for securing laboratories or other facilities

engaged in research relating to biological pathogens or agents.

"(D) Any other needs the Secretary considers appropriate.

"[(2) Repealed. Pub. L. 107-287, Sec. 6(b), Nov. 7, 2002, 116

Stat. 2032.]

"[(c) to (f) Repealed. Pub. L. 107-287, Sec. 6(b), Nov. 7, 2002,

116 Stat. 2032.]

"(g) Authorization of Appropriations. - There is hereby

authorized to be appropriated for the Department of Veterans

Affairs amounts as follows:

"(1) To carry out activities required by subsection (a) of

section 8117 of title 38, United States Code -

"(A) $100,000,000 for fiscal year 2002; and

"(B) such sums as may be necessary for each of fiscal years

2003 through 2006.

"(2) To carry out activities required by subsection (b)(1) of

this section and subsections (b) through (f) of section 8117 of

title 38, United States Code -

"(A) $33,000,000 for fiscal year 2002; and

"(B) such sums as may be necessary for each of fiscal years

2003 through 2006."

-End-

-CITE-

38 USC SUBCHAPTER II - PROCUREMENT AND SUPPLY 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 81 - ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY

FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE

LEASES OF REAL PROPERTY

SUBCHAPTER II - PROCUREMENT AND SUPPLY

-HEAD-

SUBCHAPTER II - PROCUREMENT AND SUPPLY

-End-

-CITE-

38 USC Sec. 8121 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 81 - ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY

FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE

LEASES OF REAL PROPERTY

SUBCHAPTER II - PROCUREMENT AND SUPPLY

-HEAD-

Sec. 8121. Revolving supply fund

-STATUTE-

(a) The revolving supply fund established for the operation and

maintenance of a supply system for the Department (including

procurement of supplies, equipment, and personal services and the

repair and reclamation of used, spent, or excess personal property)

shall be -

(1) available without fiscal year limitations for all expenses

necessary for the operation and maintenance of such supply

system;

(2) reimbursed from appropriations for the cost of all

services, equipment, and supplies furnished, at rates determined

by the Secretary on the basis of estimated or actual direct cost

(which may be based on the cost of recent significant purchases

of the equipment or supply item involved) and indirect cost; and

(3) credited with advances from appropriations for activities

to which services or supplies are to be furnished, and all other

receipts resulting from the operation of the fund, including

property returned to the supply system when no longer required by

activities to which it had been furnished, the proceeds of

disposal of scrap, excess or surplus personal property of the

fund, and receipts from carriers and others for loss of or damage

to personal property.

At the end of each fiscal year, there shall be covered into the

Treasury of the United States as miscellaneous receipts such

amounts as the Secretary determines to be in excess of the

requirements necessary for the maintenance of adequate inventory

levels and for the effective financial management of the revolving

supply fund.

(b) An adequate system of accounts for the fund shall be

maintained on the accrual method, and financial reports prepared on

the basis of such accounts. An annual business type budget shall be

prepared for operations under the fund.

(c) The Secretary is authorized to capitalize, at fair and

reasonable values as determined by the Secretary, all supplies and

materials and depot stocks of equipment on hand or on order.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1253, Sec. 5011; amended

Pub. L. 87-314, Sept. 26, 1961, 75 Stat. 675; Pub. L. 94-581, title

II, Sec. 210(e)(6), Oct. 21, 1976, 90 Stat. 2865; renumbered Sec.

5021, Pub. L. 96-22, title III, Sec. 301(b)(1), June 13, 1979, 93

Stat. 61; Pub. L. 96-330, title IV, Sec. 402(a), Aug. 26, 1980, 94

Stat. 1051; renumbered Sec. 8121, Pub. L. 102-40, title IV, Sec.

402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102-83, Sec.

4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-40 renumbered section 5021 of this title as

this section.

Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator" in par. (2) and in last sentence.

Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for

"Veterans' Administration" in introductory provisions.

Subsec. (c). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator" in two places.

1980 - Subsec. (a). Pub. L. 96-330 substituted "actual direct

cost (which may be based on the cost of recent significant

purchases of the equipment or supply item involved)" for "actual

direct" in par. (2), and, in provisions following par. (3),

substituted "At the end of each fiscal year, there shall be covered

into the Treasury of the United States as miscellaneous receipts

such amounts as the Administrator determines to be in excess of the

requirements necessary for the maintenance of adequate inventory

levels and for the effective financial management of the revolving

supply fund" for "At the end of each fiscal year, any net income of

the fund, after making provision for prior losses, shall be covered

into the Treasury of the United States as miscellaneous receipts".

1976 - Subsec. (c). Pub. L. 94-581 substituted "the

Administrator" for "him".

1961 - Subsec. (a). Pub. L. 87-314 included among the purposes

for which the supply fund was established, the repair and

reclamation of used, spent, or excess personal property, and

authorized the crediting of the fund with property returned to the

supply system when no longer required by activities to which it had

been furnished.

EFFECTIVE DATE OF 1980 AMENDMENT

Section 402(b) of Pub. L. 96-330 provided that: "The amendments

made by subsection (a) [amending this section] shall take effect as

of October 1, 1979."

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-581 effective Oct. 21, 1976, see section

211 of Pub. L. 94-581, set out as a note under section 111 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1732 of this title.

-End-

-CITE-

38 USC Sec. 8122 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 81 - ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY

FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE

LEASES OF REAL PROPERTY

SUBCHAPTER II - PROCUREMENT AND SUPPLY

-HEAD-

Sec. 8122. Authority to procure and dispose of property and to

negotiate for common services

-STATUTE-

(a)(1) The Secretary may lease for a term not exceeding three

years lands or buildings, or parts or parcels thereof, belonging to

the United States and under the Secretary's control. Any lease made

pursuant to this subsection to any public or nonprofit organization

may be made without regard to the provisions of section 3709 of the

Revised Statutes (41 U.S.C. 5). Notwithstanding section 1302 of

title 40, or any other provision of law, a lease made pursuant to

this subsection to any public or nonprofit organization may provide

for the maintenance, protection, or restoration, by the lessee, of

the property leased, as a part or all of the consideration for the

lease. Prior to the execution of any such lease, the Secretary

shall give appropriate public notice of the Secretary's intention

to do so in the newspaper of the community in which the lands or

buildings to be leased are located. The proceeds from such leases,

less expenses for maintenance, operation, and repair of buildings

leased for living quarters, shall be covered into the Treasury of

the United States as miscellaneous receipts.

(2)(A) Except as provided in paragraph (3) of this subsection,

the Secretary may not during any fiscal year transfer to another

Federal agency or to a State (or any political subdivision of a

State) any interest in real property described in subparagraph (B)

of this paragraph unless (i) the transfer (as proposed) was

described in the budget for that fiscal year submitted to Congress

pursuant to section 1105 of title 31, and (ii) the Department

receives compensation equal to the fair market value of the

property.

(B) An interest in real property described in this subparagraph

is an interest in real property that is owned by the United States

and administered by the Secretary and that has an estimated value

in excess of $50,000.

(C) Amounts realized from the transfer of any interest in real

property described in subparagraph (B) of this paragraph shall be

deposited in the nursing home revolving fund established under

section 8116 of this title.

(3)(A) Subject to subparagraph (B) of this paragraph, the

Secretary may, without regard to paragraph (2) of this subsection

or any other provision of law relating to the disposition of real

property by the United States, transfer to a State for use as the

site of a State nursing-home or domiciliary facility real property

described in subparagraph (E) of this paragraph which the Secretary

determines to be excess to the needs of the Department.

(B) A transfer of real property may not be made under this

paragraph unless -

(i) the Secretary has determined that the State has provided

sufficient assurance that it has the resources (including any

resources which are reasonably likely to be available to the

State under subchapter III of chapter 81 of this title and

section 1741 of this title) necessary to construct and operate a

State home nursing or domiciliary care facility; and

(ii) the transfer is made subject to the conditions (I) that

the property be used by the State for a nursing-home or

domiciliary care facility in accordance with the conditions and

limitations applicable to State home facilities constructed with

assistance under subchapter III of chapter 81 of this title, and

(II) that, if the property is used at any time for any other

purpose, all right, title, and interest in and to the property

shall revert to the United States.

(C) A transfer of real property may not be made under this

paragraph until -

(i) the Secretary submits to the Committees on Veterans'

Affairs of the Senate and House of Representatives, not later

than June 1 of the year in which the transfer is proposed to be

made (or the year preceding that year), a report providing notice

of the proposed transfer; and

(ii) a period of 90 consecutive days elapses after the report

is received by those committees.

(D) A transfer under this paragraph shall be made under such

additional terms and conditions as the Secretary considers

appropriate to protect the interests of the United States.

(E) Real property described in this subparagraph is real property

that is owned by the United States and administered by the

Secretary.

(b) The Secretary may, for the purpose of extending benefits to

veterans and dependents, and to the extent the Secretary deems

necessary, procure the necessary space for administrative purposes

by lease, purchase, or construction of buildings, or by

condemnation or declaration of taking, pursuant to law.

(c) The Secretary may procure laundry services, and other common

services as specifically approved by the Secretary from nonprofit,

tax-exempt educational, medical or community institutions, without

regard to the requirements of section 302(c) (!1) of the Federal

Property and Administrative Services Act of 1949, as amended (41

U.S.C. 252(c)), whenever such services are not reasonably available

from private commercial sources. Notwithstanding this exclusion,

the provisions of section 304 of that Act (41 U.S.C. 254) shall

apply to procurement authorized by this subsection.

(d) Real property under the jurisdiction of the Secretary may not

be declared excess by the Secretary and disposed of by the General

Services Administration or any other entity of the Federal

Government unless the Secretary determines that the property is no

longer needed by the Department in carrying out its functions and

is not suitable for use for the provision of services to homeless

veterans by the Department or by another entity under an

enhanced-use lease of such property under section 8162 of this

title.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1253, Sec. 5012; amended

Pub. L. 89-785, title II, Sec. 202(a), (b), Nov. 7, 1966, 80 Stat.

1373; Pub. L. 93-82, title III, Sec. 302(2), Aug. 2, 1973, 87 Stat.

195; Pub. L. 94-581, title II, Sec. 210(e)(7), Oct. 21, 1976, 90

Stat. 2865; renumbered Sec. 5022 and amended Pub. L. 96-22, title

III, Sec. 301(b), June 13, 1979, 93 Stat. 61; Pub. L. 96-330, title

IV, Sec. 403(a), Aug. 26, 1980, 94 Stat. 1052; Pub. L. 97-295, Sec.

4(91), Oct. 12, 1982, 96 Stat. 1313; Pub. L. 98-160, title IV, Sec.

401, Nov. 21, 1983, 97 Stat. 1004; Pub. L. 100-322, title IV, Sec.

421(a)(1), May 20, 1988, 102 Stat. 552; Pub. L. 100-687, div. B,

title XV, Sec. 1505, Nov. 18, 1988, 102 Stat. 4135; renumbered Sec.

8122 and amended Pub. L. 102-40, title IV, Sec. 402(b)(1), (d)(1),

May 7, 1991, 105 Stat. 238, 239; Pub. L. 102-54, Sec. 14(f)(5),

June 13, 1991, 105 Stat. 288; Pub. L. 102-83, Secs. 4(a)(1), (3),

(4), (b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat. 403-406; Pub.

L. 107-95, Sec. 10(a), Dec. 21, 2001, 115 Stat. 920; Pub. L.

107-217, Sec. 3(j)(3), Aug. 21, 2002, 116 Stat. 1300.)

-REFTEXT-

REFERENCES IN TEXT

Subsection (c) of section 302 of the Federal Property and

Administrative Services Act of 1949 (41 U.S.C. 252(c)), referred to

in subsec. (c), was struck out by section 2714(a)(1)(B) of Pub. L.

98-369 and the provisions formerly contained in subsec. (e) were

restated in subsec. (c)(1) of section 302 of the 1949 Act.

-MISC1-

AMENDMENTS

2002 - Subsec. (a)(1). Pub. L. 107-217 substituted "section 1302

of title 40" for "section 321 of the Act of June 30, 1932 (40

U.S.C. 303b)".

2001 - Subsec. (d). Pub. L. 107-95 inserted before period at end

"and is not suitable for use for the provision of services to

homeless veterans by the Department or by another entity under an

enhanced-use lease of such property under section 8162 of this

title".

1991 - Pub. L. 102-40, Sec. 402(b)(1), renumbered section 5022 of

this title as this section.

Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted "1741" for

"641" in par. (3)(B)(i).

Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for

"Administrator" and "Secretary's" for "Administrator's" wherever

appearing.

Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for

"Veterans' Administration" in pars. (2)(A) and (3)(A).

Pub. L. 102-83, Sec. 4(a)(1), substituted "administered by the

Secretary" for "administered by the Veterans' Administration" in

pars. (2)(B) and (3)(E).

Pub. L. 102-54 amended subsec. (a)(3)(A) as in effect immediately

before the enactment of Pub. L. 102-40 by substituting "State" for

"State home" before "nursing-home" and "this paragraph" for "the

paragraph" before "which".

Pub. L. 102-40, Sec. 402(d)(1), substituted "8116" for "5016" in

par. (2)(C).

Subsecs. (b), (c). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),

substituted "Secretary" for "Administrator" wherever appearing.

Subsec. (d). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator" wherever appearing.

Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for

"Veterans' Administration".

1988 - Subsec. (a)(2). Pub. L. 100-687, Sec. 1505(1), substituted

"Except as provided in paragraph (3) of this subsection, the" for

"The" at beginning.

Pub. L. 100-322 amended par. (2) generally. Prior to amendment,

par. (2) read as follows:

"(A) Before entering into a transaction described in subparagraph

(B) of this paragraph with respect to any real property owned by

the United States and administered by the Veterans' Administration

which has an estimated value in excess of $50,000, the

Administrator shall submit a report of the facts concerning the

proposed transaction to the Committees on Veterans' Affairs of the

Senate and House of Representatives, and such transaction may not

then be entered into until after the expiration of 180 days from

the date upon which the report is submitted.

"(B) Subparagraph (A) of this paragraph applies to (i) any

transfer of an interest in real property to another Federal agency

or to a State (or any political subdivision of a State), and (ii)

any report to a Federal disposal agency of excess real property.

"(C) A statement in an instrument of conveyance, including a

lease, that the requirements of this paragraph have been met, or

that the conveyance is not subject to this paragraph, is conclusive

for the purposes of all matters pertaining to the ownership of any

right or interest in the property conveyed by such instrument."

Subsec. (a)(3). Pub. L. 100-687, Sec. 1505(2), added par. (3).

1983 - Subsec. (a)(2)(A). Pub. L. 98-160, Sec. 401(1),

substituted "180 days" for "30 days".

Subsec. (d). Pub. L. 98-160, Sec. 401(2), added subsec. (d).

1982 - Subsec. (a). Pub. L. 97-295, Sec. 4(91)(A), substituted

"of" for "entitled 'An Act making appropriations for the

legislative branch of the Government for the fiscal year ending

June 30, 1933, and for other purposes,' approved" after "section

321 of the Act".

Subsec. (c). Pub. L. 97-295, Sec. 4(91)(B), inserted "(41 U.S.C.

254)" after "section 304 of that Act".

1980 - Subsec. (a). Pub. L. 96-330 designated existing provisions

as par. (1) and added par. (2).

1979 - Subsec. (b). Pub. L. 96-22 substituted "necessary space

for administrative purposes by lease" for "necessary space for

administrative, clinical, medical, and outpatient treatment

purposes by lease".

1976 - Subsec. (a). Pub. L. 94-581, Sec. 210(e)(7)(A),

substituted "under the Administrator's control" for "under his

control" and "notice of the Administrator's intention" for "notice

of his intention".

Subsec. (b). Pub. L. 94-581, Sec. 210(e)(7)(B), substituted "the

Administrator" for "he".

Subsec. (c). Pub. L. 94-581, Sec. 210(e)(7)(C), substituted "the

Administrator" for "him".

1973 - Subsec. (a). Pub. L. 93-82 inserted provisions that leases

under this subsection may be made without regard to section 5 of

title 41, that notwithstanding section 303b of title 40 or any

other provision of law, such leases may provide for the

maintenance, protection, or restoration, by the lessee, of the

property leased, as a part or all of the consideration for the

lease and that prior to the execution of the leases, the

Administrator shall give notice of his intention in the local

newspaper.

1966 - Pub. L. 89-785 inserted "and to negotiate for common

services" in section catchline and added subsec. (c).

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-22 effective Oct. 1, 1979, except that

the amendment shall not apply with respect to the acquisition,

construction, or alteration of any medical facilities if the

acquisition, construction, or alteration (not including exchange)

was approved by the President before Oct. 1, 1979, see section 302

of Pub. L. 96-22, set out as an Effective Date note under section

8101 of this title.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-581 effective Oct. 21, 1976, see section

211 of Pub. L. 94-581, set out as a note under section 111 of this

title.

EFFECTIVE DATE OF 1973 AMENDMENT

Amendment by Pub. L. 93-82 effective Sept. 1, 1973, see section

501 of Pub. L. 93-82, set out as a note under section 1701 of this

title.

TRANSFER OF REAL PROPERTY DEEMED DESCRIBED IN BUDGET FOR FISCAL

YEAR 1989

Section 421(a)(2) of Pub. L. 100-322 provided that any proposed

transfer of real property described in subsec. (a)(2)(B) of this

section that was described in a report submitted to Committees on

Veterans' Affairs of Senate and House of Representatives by

Administrator not later than 30 days after May 20, 1988, was to be

deemed for purposes of subsec. (a)(2)(A) of this section to have

been described in the President's budget for fiscal year 1989.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 8116, 8162, 8164, 8201 of

this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

38 USC Sec. 8123 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 81 - ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY

FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE

LEASES OF REAL PROPERTY

SUBCHAPTER II - PROCUREMENT AND SUPPLY

-HEAD-

Sec. 8123. Procurement of prosthetic appliances

-STATUTE-

The Secretary may procure prosthetic appliances and necessary

services required in the fitting, supplying, and training and use

of prosthetic appliances by purchase, manufacture, contract, or in

such other manner as the Secretary may determine to be proper,

without regard to any other provision of law.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1254, Sec. 5013; amended

Pub. L. 94-581, title II, Sec. 210(e)(8), Oct. 21, 1976, 90 Stat.

2865; renumbered Sec. 5023, Pub. L. 96-22, title III, Sec.

301(b)(1), June 13, 1979, 93 Stat. 61; renumbered Sec. 8123, Pub.

L. 102-40, title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238;

Pub. L. 102-83, Sec. 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404,

405.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-40 renumbered section 5023 of this title as

this section.

Pub. L. 102-83 substituted "Secretary" for "Administrator" in two

places.

1976 - Pub. L. 94-581 substituted "the Administrator" for "he".

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-581 effective Oct. 21, 1976, see section

211 of Pub. L. 94-581, set out as a note under section 111 of this

title.

-End-

-CITE-

38 USC Sec. 8124 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 81 - ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY

FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE

LEASES OF REAL PROPERTY

SUBCHAPTER II - PROCUREMENT AND SUPPLY

-HEAD-

Sec. 8124. Grant of easements in Government-owned lands

-STATUTE-

The Secretary, whenever the Secretary deems it advantageous to

the Government and upon such terms and conditions as the Secretary

deems advisable, may grant on behalf of the United States to any

State, or any agency or political subdivision thereof, or to any

public-service company, easements in and rights-of-way over lands

belonging to the United States which are under the Secretary's

supervision and control. Such grant may include the use of such

easements or rights-of-way by public utilities to the extent

authorized and under the conditions imposed by the laws of such

State relating to use of public highways. Such partial, concurrent,

or exclusive jurisdiction over the areas covered by such easements

or rights-of-way, as the Secretary deems necessary or desirable, is

hereby ceded to the State in which the land is located. The

Secretary may accept or secure on behalf of the United States from

the State in which is situated any land conveyed in exchange for

any such easement or right-of-way, such jurisdiction as the

Secretary may deem necessary or desirable over the land so

acquired. Any such easement or right-of-way shall be terminated

upon abandonment or nonuse of the same and all right, title, and

interest in the land covered thereby shall thereupon revert to the

United States or its assignee.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1254, Sec. 5014; amended

Pub. L. 94-581, title II, Sec. 210(e)(9), Oct. 21, 1976, 90 Stat.

2865; renumbered Sec. 5024, Pub. L. 96-22, title III, Sec.

301(b)(1), June 13, 1979, 93 Stat. 61; renumbered Sec. 8124, Pub.

L. 102-40, title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238;

Pub. L. 102-83, Sec. 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404,

405.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-40 renumbered section 5024 of this title as

this section.

Pub. L. 102-83 substituted "Secretary" for "Administrator"

wherever appearing and "Secretary's" for "Administrator's".

1976 - Pub. L. 94-581 substituted "the Administrator" for "he"

wherever appearing and "under the Administrator's supervision" for

"under his supervision".

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-581 effective Oct. 21, 1976, see section

211 of Pub. L. 94-581, set out as a note under section 111 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 43 section 421c.

-End-

-CITE-

38 USC Sec. 8125 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 81 - ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY

FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE

LEASES OF REAL PROPERTY

SUBCHAPTER II - PROCUREMENT AND SUPPLY

-HEAD-

Sec. 8125. Procurement of health-care items

-STATUTE-

(a) Except as provided in subsections (b) and (c) of this

section, the Secretary may not procure health-care items under

local contracts.

(b)(1) A health-care item for use by the Department may be

procured under a local contract if -

(A) the procurement is within the limits prescribed in

paragraph (3) of this subsection; and

(B)(i) the item is not otherwise available to the Department

medical center concerned,

(ii) procurement of the item by a local contract is necessary

for the effective furnishing of health-care services or the

conduct of a research or education program at a Department

medical center, as determined by the director of the center in

accordance with regulations which the Under Secretary for Health

shall prescribe, or

(iii) procurement under a local contract is demonstrably more

cost-effective for the item.

(2) In the case of the need for an emergency procurement of a

health-care item, such item may be procured under a local contract,

but no greater quantity of such item may be procured by a local

contract than is reasonably necessary to meet the emergency need

and the reasonably foreseeable need for the item at the medical

center concerned until resupply can be achieved through procurement

actions other than emergency procurement.

(3)(A) Except as provided in subparagraphs (C) and (D) of this

paragraph, not more than 20 percent of the total of all health-care

items procured by the Department in any fiscal year (measured as a

percent of the total cost of all such health-care items procured by

the Department in that fiscal year) may be procured under local

contracts.

(B) Local contracts for the procurement of health-care items

shall, to the maximum extent feasible, be awarded to regular

dealers or manufacturers engaged in the wholesale supply of such

items.

(C) The Secretary may increase for a fiscal year the percentage

specified in subparagraph (A) of this section to a percentage not

greater than 30 percent if the Secretary, based on the experience

of the Department during the two fiscal years preceding such fiscal

year, determines that the increase and the amount of the increase

are necessary in the interest of the effective furnishing of

health-care services by the Department. The authority to increase

such percentage may not be delegated.

(D) Items procured through an emergency procurement shall not be

counted for the purpose of this paragraph.

(c) A provision of law that is inconsistent with subsection (a)

or (b) of this section shall not apply, to the extent of the

inconsistency, to the procurement of a health-care item for use by

the Department.

(d)(1) Not later than December 1 of each year, the director of

each Department medical center shall transmit to the Secretary a

report containing a list indicating the quantity of each

health-care item procured at that medical center under a local

contract during the preceding fiscal year and the total amount paid

for such item during such fiscal year.

(2) Not later than February 1 of each year, the Secretary shall

submit to the Committees on Veterans' Affairs of the Senate and the

House of Representatives a report on the experience in carrying out

this section during the preceding fiscal year.

(e) For the purposes of this section:

(1) The term "health-care item" includes any item listed in, or

(as determined by the Secretary) of the same nature as an item

listed in, Federal Supply Classification (FSC) Group 65 or 66.

Effective December 1, 1992, such term also includes any item

listed in, or (as determined by the Secretary) of the same nature

as an item listed in, Federal Supply Classification (FSC) Group

73. Such term does not include perishable items.

(2) The term "local contract" means a contract entered into by

a Department medical center for procurement of an item for use by

that medical center.

(3) The term "emergency procurement" means a procurement

necessary to meet an emergency need, affecting the health or

safety of a person being furnished health-care services by the

Department, for an item.

-SOURCE-

(Added Pub. L. 100-322, title IV, Sec. 403(a)(1), May 20, 1988, 102

Stat. 543, Sec. 5025; amended Pub. L. 100-687, div. B, title XV,

Sec. 1507(b), (c), Nov. 18, 1988, 102 Stat. 4136, 4137; renumbered

Sec. 8125, Pub. L. 102-40, title IV, Sec. 402(b)(1), May 7, 1991,

105 Stat. 238; Pub. L. 102-83, Sec. 4(a)(3), (4), (b)(1), (2)(E),

Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 102-405, title III, Sec.

302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 107-14, Sec.

8(a)(15), June 5, 2001, 115 Stat. 35.)

-MISC1-

AMENDMENTS

2001 - Subsec. (d)(1). Pub. L. 107-14, Sec. 8(a)(15)(A), struck

out "(beginning in 1992)" after "each year".

Subsec. (d)(2). Pub. L. 107-14, Sec. 8(a)(15)(B), struck out

"(beginning in 1993)" after "each year".

Subsec. (d)(3). Pub. L. 107-14, Sec. 8(a)(15)(C), struck out par.

(3) which read as follows: "Not later than February 1 of each year

from 1989 through 1992, the Secretary shall submit to the

Committees on Veterans' Affairs of the Senate and the House of

Representatives a report on the experience in carrying out this

section during the preceding fiscal year. The first such report

shall contain information showing the percentage (measured by cost)

of the total of all health-care items procured by the Department

during fiscal year 1988 that were procured through local contracts.

The other reports under this paragraph shall contain information

showing the percentage (measured by cost) of the total of all

health-care items procured by the Department, and by each

Department medical center, during the fiscal year covered by the

report that were purchased through local contracts and, in the case

of each medical center at which the percentage was greater than 20

percent, an explanation of the reasons why that occurred."

1992 - Subsec. (b)(1)(B)(ii). Pub. L. 102-405 substituted "Under

Secretary for Health" for "Chief Medical Director".

1991 - Pub. L. 102-40 renumbered section 5025 of this title as

this section.

Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator".

Subsec. (b). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator" in two places in par. (3)(C).

Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for

"Veterans' Administration" wherever appearing.

Subsec. (c). Pub. L. 102-83, Sec. 4(a)(3), (4), substituted

"Department" for "Veterans' Administration".

Subsecs. (d), (e). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),

substituted "Secretary" for "Administrator" wherever appearing.

Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for

"Veterans' Administration" wherever appearing.

1988 - Subsec. (d)(1). Pub. L. 100-687, Sec. 1507(b)(1), inserted

"(beginning in 1992)" after "of each year".

Subsec. (d)(2). Pub. L. 100-687, Sec. 1507(b)(2), inserted

"(beginning in 1993)" after "of each year".

Subsec. (d)(3). Pub. L. 100-687, Sec. 1507(b)(3), added par. (3).

Subsec. (e)(1). Pub. L. 100-687, Sec. 1507(c), substituted "65 or

66" for "65, 66, or 73" and inserted after first sentence

"Effective December 1, 1992, such term also includes any item

listed in, or (as determined by the Administrator) of the same

nature as an item listed in, Federal Supply Classification (FSC)

Group 73."

EFFECTIVE DATE

Section 403(b) of Pub. L. 100-322, as amended by Pub. L. 100-687,

div. B, title XV, Sec. 1507(a), Nov. 18, 1988, 102 Stat. 4136,

provided that:

"(1) Subsections (a), (b)(1), and (b)(2) of section 5025 [now

8125] of title 38, United States Code (as added by subsection (a)),

shall take effect one year after the date of the enactment of this

Act [May 20, 1988].

"(2) Subsection (b)(3) of such section shall apply to health-care

items procured for use by the Veterans' Administration [now

Department of Veterans Affairs] after September 30, 1990."

STANDARDIZATION OF MEDICAL AND PHARMACEUTICAL ITEMS

Section 402 of Pub. L. 100-322, as amended by Pub. L. 100-687,

div. B, title XV, Sec. 1508, Nov. 18, 1988, 102 Stat. 4137,

directed Administrator, not later than Oct. 1, 1989, to develop and

fully implement an agency-wide plan for cost-effective

standardization of health-care items procured by Veterans'

Administration.

-End-

-CITE-

38 USC Sec. 8126 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 81 - ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY

FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE

LEASES OF REAL PROPERTY

SUBCHAPTER II - PROCUREMENT AND SUPPLY

-HEAD-

Sec. 8126. Limitation on prices of drugs procured by Department and

certain other Federal agencies

-STATUTE-

(a) Each manufacturer of covered drugs shall enter into a master

agreement with the Secretary under which -

(1) beginning January 1, 1993, the manufacturer shall make

available for procurement on the Federal Supply Schedule of the

General Services Administration each covered drug of the

manufacturer;

(2) with respect to each covered drug of the manufacturer

procured by a Federal agency described in subsection (b) on or

after January 1, 1993, that is purchased under depot contracting

systems or listed on the Federal Supply Schedule, the

manufacturer has entered into and has in effect a pharmaceutical

pricing agreement with the Secretary (or the Federal agency

involved, if the Secretary delegates to the Federal agency the

authority to enter into such a pharmaceutical pricing agreement)

under which the price charged during the one-year period

beginning on the date on which the agreement takes effect may not

exceed 76 percent of the non-Federal average manufacturer price

(less the amount of any additional discount required under

subsection (c)) during the one-year period ending one month

before such date (or, in the case of a covered drug for which

sufficient data for determining the non-Federal average

manufacturer price during such period are not available, during

such period as the Secretary considers appropriate), except that

such price may nominally exceed such amount if found by the

Secretary to be in the best interests of the Department or such

Federal agencies;

(3) with respect to each covered drug of the manufacturer

procured by a State home receiving funds under section 1741 of

this title, the price charged may not exceed the price charged

under the Federal Supply Schedule at the time the drug is

procured; and

(4) unless the manufacturer meets the requirements of

paragraphs (1), (2), and (3), the manufacturer may not receive

payment for the purchase of drugs or biologicals from -

(A) a State plan under title XIX of the Social Security Act,

except as authorized under section 1927(a)(3) of such Act,

(B) any Federal agency described in subsection (b), or

(C) any entity that receives funds under the Public Health

Service Act.

(b) The Federal agencies described in this subsection are as

follows:

(1) The Department.

(2) The Department of Defense.

(3) The Public Health Service, including the Indian Health

Service.

(4) The Coast Guard.

(c) With respect to any covered drug the price of which is

determined in accordance with a pharmaceutical pricing agreement

entered into pursuant to subsection (a)(2), beginning on or after

January 1, 1993, the manufacturer shall provide a discount in an

amount equal to the amount by which the change in non-Federal price

exceeds the amount equal to -

(1) the non-Federal average manufacturer price of the drug

during the 3-month period that ends one year before the last day

of the month preceding the month during which the contract for

the covered drug goes into effect (or, in the case of a covered

drug for which sufficient data for determining the non-Federal

average manufacturer price during such period is not available,

during such period as the Secretary considers appropriate);

multiplied by

(2) the percentage increase in the Consumer Price Index for all

urban consumers (U.S. city average) between the last month of the

period described in paragraph (1) and the last month preceding

the month during which the contract goes into effect for which

Consumer Price Index data is available.

(d) In the case of a covered drug of a manufacturer that has

entered into a multi-year contract with the Secretary under

subsection (a)(2) for the procurement of the drug -

(1) during any one-year period that follows the first year for

which the contract is in effect, the contract price charged for

the drug may not exceed the contract price charged during the

preceding one-year period, increased by the percentage increase

in the Consumer Price Index for all urban consumers (U.S. city

average) during the 12-month period ending with the last month of

such preceding one-year period for which Consumer Price Index

data is available; and

(2) in applying subsection (c) to determine the amount of the

discount provided with respect to the drug during a year that

follows the first year for which the contract is in effect, any

reference in such subsection to "the month during which the

contract goes into effect" shall be considered a reference to the

first month of such following year.

(e)(1) The manufacturer of any covered drug the price of which is

determined in accordance with a pharmaceutical pricing agreement

entered into pursuant to subsection (a)(2) shall -

(A) not later than 30 days after the first day of the last

quarter that begins before the agreement takes effect (or, in the

case of an agreement that takes effect on January 1, 1993, not

later than December 4, 1992), report to the Secretary the

non-Federal average manufacturer price for the drug during the

one-year period that ends on the last day of the previous

quarter; and

(B) not later than 30 days after the last day of each quarter

for which the agreement is in effect, report to the Secretary the

non-Federal average manufacturer price for the drug during such

quarter.

(2) The provisions of subparagraphs (B) and (C) of section

1927(b)(3) of the Social Security Act shall apply to drugs

described in paragraph (1) and the Secretary in the same manner as

such provisions apply to covered outpatient drugs and the Secretary

of Health and Human Services under such subparagraphs, except that

references in such subparagraphs to prices or information reported

or required under "subparagraph (A)" shall be deemed to refer to

information reported under paragraph (1).

(3) In order to determine the accuracy of a drug price that is

reported to the Secretary under paragraph (1), the Secretary may

audit the relevant records of the manufacturer or of any wholesaler

that distributes the drug, and may delegate the authority to audit

such records to the appropriate Federal agency described in

subsection (b).

(4) Any information contained in a report submitted to the

Secretary under paragraph (1) or obtained by the Secretary through

any audit conducted under paragraph (3) shall remain confidential,

except as the Secretary determines necessary to carry out this

section and to permit the Comptroller General and the Director of

the Congressional Budget Office to review the information provided.

(f) The Secretary shall supply to the Secretary of Health and

Human Services -

(1) upon the execution or termination of any master agreement,

the name of the manufacturer, and

(2) on a quarterly basis, a list of manufacturers who have

entered into master agreements under this section.

(g)(1) Any reference in this section to a provision of the Social

Security Act shall be deemed to be a reference to the provision as

in effect on November 4, 1992.

(2) A manufacturer is deemed to meet the requirements of

subsection (a) if the manufacturer establishes to the satisfaction

of the Secretary that the manufacturer would comply (and has

offered to comply) with the provisions of this section (as in

effect immediately after the enactment of this section), and would

have entered into an agreement under this section (as such section

was in effect at such time), but for a legislative change in this

section after November 4, 1992.

(h) In this section:

(1) The term "change in non-Federal price" means, with respect

to a covered drug that is subject to an agreement under this

section, an amount equal to -

(A) the non-Federal average manufacturer price of the drug

during the 3-month period that ends with the month preceding

the month during which a contract goes into effect (or, in the

case of a covered drug for which sufficient data for

determining the non-Federal average manufacturer price during

such period is not available, during such period as the

Secretary considers appropriate); minus

(B) the non-Federal average manufacturer price of the drug

during the 3-month period that ends one year before the end of

the period described in subparagraph (A) (or, in the case of a

covered drug for which sufficient data for determining the

non-Federal average manufacturer price during such period is

not available, during such period preceding the period

described in subparagraph (A) as the Secretary considers

appropriate).

(2) The term "covered drug" means -

(A) a drug described in section 1927(k)(7)(A)(ii) of the

Social Security Act, or that would be described in such section

but for the application of the first sentence of section

1927(k)(3) of such Act;

(B) a drug described in section 1927(k)(7)(A)(iv) of the

Social Security Act, or that would be described in such section

but for the application of the first sentence of section

1927(k)(3) of such Act; or

(C) any biological product identified under section 600.3 of

title 21, Code of Federal Regulations.

(3) The term "depot" means a centralized commodity management

system through which covered drugs procured by an agency of the

Federal Government are -

(A) received, stored, and delivered through -

(i) a federally owned and operated warehouse system, or

(ii) a commercial entity operating under contract with such

agency; or

(B) delivered directly from the commercial source to the

entity using such covered drugs.

(4) The term "manufacturer" means any entity which is engaged

in -

(A) the production, preparation, propagation, compounding,

conversion, or processing of prescription drug products, either

directly or indirectly by extraction from substances of natural

origin, or independently by means of chemical synthesis, or by

a combination of extraction and chemical synthesis, or

(B) in the packaging, repackaging, labeling, relabeling, or

distribution of prescription drug products.

Such term does not include a wholesale distributor of drugs or a

retail pharmacy licensed under State law.

(5) The term "non-Federal average manufacturer price" means,

with respect to a covered drug and a period of time (as

determined by the Secretary), the weighted average price of a

single form and dosage unit of the drug that is paid by

wholesalers in the United States to the manufacturer, taking into

account any cash discounts or similar price reductions during

that period, but not taking into account -

(A) any prices paid by the Federal Government; or

(B) any prices found by the Secretary to be merely nominal in

amount.

(6) The term "weighted average price" means, with respect to a

covered drug and a period of time (as determined by the

Secretary) an amount equal to -

(A) the sum of the products of the average price per package

unit of each quantity of the drug sold during the period and

the number of package units of the drug sold during the period;

divided by

(B) the total number of package units of the drug sold during

the period.

(i)(1) If the Secretary modifies a multi-year contract described

in subsection (d) to include a covered drug of the manufacturer

that was not available for inclusion under the contract at the time

the contract went into effect, the price of the drug shall be

determined as follows:

(A) For the portion of the first contract year during which the

drug is so included, the price of the drug shall be determined in

accordance with subsection (a)(2), except that the reference in

such subsection to "the one-year period beginning on the date the

agreement takes effect" shall be considered a reference to such

portion of the first contract year.

(B) For any subsequent contract year, the price of the drug

shall be determined in accordance with subsection (d), except

that each reference in such subsection to "the first year for

which the contract is in effect" shall be considered a reference

to the portion of the first contract year during which the drug

is included under the contract.

(2) In this subsection, the term "contract year" means any

one-year period for which a multi-year contract described in

subsection (d) is in effect.

-SOURCE-

(Added Pub. L. 102-585, title VI, Sec. 603(a)(1), Nov. 4, 1992, 106

Stat. 4971; amended Pub. L. 103-18, Sec. 1(a), Apr. 12, 1993, 107

Stat. 53; Pub. L. 103-446, title XII, Sec. 1201(e)(27), (f)(6),

Nov. 2, 1994, 108 Stat. 4686, 4687; Pub. L. 104-106, div. A, title

VII, Sec. 737(a), Feb. 10, 1996, 110 Stat. 383; Pub. L. 105-115,

title I, Sec. 125(b)(2)(E), Nov. 21, 1997, 111 Stat. 2325.)

-REFTEXT-

REFERENCES IN TEXT

The Social Security Act, referred to in subsecs. (a)(4)(A),

(e)(2), (g)(1), and (h)(2)(A), (B), is act Aug. 14, 1935, ch. 531,

49 Stat. 620, as amended, which is classified generally to chapter

7 (Sec. 301 et seq.) of Title 42, The Public Health and Welfare.

Title XIX of the Act is classified generally to subchapter XIX

(Sec. 1396 et seq.) of chapter 7 of Title 42. Section 1927 of the

Act is classified to section 1396r-8 of Title 42. For complete

classification of this Act to the Code, see section 1305 of Title

42 and Tables.

The Public Health Service Act, referred to in subsec. (a)(4)(C),

is act July 1, 1944, ch. 373, 58 Stat. 682, as amended, which is

classified generally to chapter 6A (Sec. 201 et seq.) of Title 42.

For complete classification of this Act to the Code, see Short

Title note set out under section 201 of Title 42 and Tables.

Enactment of this section, referred to in subsec. (g)(2), means

enactment of Pub. L. 102-585, which enacted this section and was

approved Nov. 4, 1992.

-MISC1-

AMENDMENTS

1997 - Subsec. (h)(2). Pub. L. 105-115 inserted "or" at end of

subpar. (B), substituted a period for "; or" at end of subpar. (C),

and struck out subpar. (D), which read as follows: "insulin

certified under section 506 of the Federal Food, Drug, and Cosmetic

Act."

1996 - Subsec. (b)(4). Pub. L. 104-106 added par. (4).

1994 - Subsec. (e)(1)(A). Pub. L. 103-446, Sec. 1201(e)(27)(A),

(f)(6)(A), substituted "December 4, 1992" for "30 days after the

date of the enactment of this section" and "one-year period" for

"1-year period".

Subsec. (f)(2). Pub. L. 103-446, Sec. 1201(e)(27)(B), substituted

a period for ", and" at end.

Subsec. (g)(1), (2). Pub. L. 103-446, Sec. 1201(f)(6)(B),

substituted "November 4, 1992" for "the date of the enactment of

this section".

1993 - Subsec. (a)(2). Pub. L. 103-18, Sec. 1(a)(1), struck out

"preceding such date" before "as the Secretary considers

appropriate".

Subsec. (c). Pub. L. 103-18, Sec. 1(a)(2), in introductory

provisions, struck out "for calendar quarters" after "subsection

(a)(2),", and in par. (1), struck out "preceding the month during

which the contract goes into effect" after "during such period" and

substituted "multiplied by" for "increased by".

Subsec. (d)(1). Pub. L. 103-18, Sec. 1(a)(3), amended par. (1)

generally. Prior to amendment, par. (1) read as follows: "during

any one-year period that follows the first year for which the

contract is in effect, the price charged may not exceed the price

charged during the preceding one-year period, increased by the

percentage increase in the Consumer Price Index for all urban

consumers (U.S. city average) between the last months of such

one-year periods for which Consumer Price Index data is available;

and".

Subsec. (i). Pub. L. 103-18, Sec. 1(a)(4), added subsec. (i).

EFFECTIVE DATE OF 1996 AMENDMENT

Section 737(b) of Pub. L. 104-106 provided that: "The amendment

made by subsection (a) [amending this section] shall take effect as

if included in the enactment of section 603 of the Veterans Health

Care Act of 1992 (Public Law 102-585; 106 Stat. 4971)."

EFFECTIVE DATE OF 1993 AMENDMENT

Section 1(b) of Pub. L. 103-18 provided that: "The amendments

made by subsection (a) [amending this section] shall take effect as

if included in the enactment of section 603 of the Veterans Health

Care Act of 1992 [Pub. L. 102-585]."

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 1396r-8.

-End-

-CITE-

38 USC SUBCHAPTER III - STATE HOME FACILITIES FOR

FURNISHING DOMICILIARY, NURSING HOME, AND

HOSPITAL CARE 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 81 - ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY

FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE

LEASES OF REAL PROPERTY

SUBCHAPTER III - STATE HOME FACILITIES FOR FURNISHING DOMICILIARY,

NURSING HOME, AND HOSPITAL CARE

-HEAD-

SUBCHAPTER III - STATE HOME FACILITIES FOR FURNISHING DOMICILIARY,

NURSING HOME, AND HOSPITAL CARE

-MISC1-

AMENDMENTS

1977 - Pub. L. 95-62, Sec. 4(a), July 5, 1977, 91 Stat. 263,

substituted "DOMICILIARY, NURSING HOME, AND HOSPITAL CARE" for

"NURSING HOME CARE" in subchapter heading.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 8105, 8122 of this

title.

-End-

-CITE-

38 USC Sec. 8131 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 81 - ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY

FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE

LEASES OF REAL PROPERTY

SUBCHAPTER III - STATE HOME FACILITIES FOR FURNISHING DOMICILIARY,

NURSING HOME, AND HOSPITAL CARE

-HEAD-

Sec. 8131. Definitions

-STATUTE-

For the purpose of this subchapter -

(1) The veteran population of each State shall be determined on

the basis of the latest figures certified by the Department of

Commerce.

(2) The term "State" does not include any possession of the

United States.

(3) The term "construction" means the construction of new

domiciliary or nursing home buildings, the expansion, remodeling,

or alteration of existing buildings for the provision of

domiciliary, nursing home, adult day health, or hospital care in

State homes, and the provision of initial equipment for any such

buildings.

(4) The term "cost of construction" means the amount found by

the Secretary to be necessary for a construction project,

including architect fees, but excluding land acquisition costs.

-SOURCE-

(Added Pub. L. 88-450, Sec. 4(a), Aug. 19, 1964, 78 Stat. 501, Sec.

5031; amended Pub. L. 94-581, title II, Sec. 206(b), Oct. 21, 1976,

90 Stat. 2859; Pub. L. 95-62, Sec. 3(1), (2), July 5, 1977, 91

Stat. 262; Pub. L. 99-576, title II, Sec. 224(d), Oct. 28, 1986,

100 Stat. 3263; renumbered Sec. 8131, Pub. L. 102-40, title IV,

Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102-83, Sec.

4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 104-262,

title III, Sec. 342(b)(1), Oct. 9, 1996, 110 Stat. 3206.)

-MISC1-

AMENDMENTS

1996 - Par. (3). Pub. L. 104-262 inserted "adult day health,"

before "or hospital care".

1991 - Pub. L. 102-40 renumbered section 5031 of this title as

this section.

Par. (4). Pub. L. 102-83 substituted "Secretary" for

"Administrator".

1986 - Pub. L. 99-576 redesignated pars. (a) to (d) as pars. (1)

to (4), respectively.

1977 - Par. (c). Pub. L. 95-62, Sec. 3(1), inserted construction

of new domiciliary buildings, expansion, remodeling, or alteration

of existing domiciliary and hospital buildings, and provision of

initial equipment for any such buildings to definition of

"construction".

Par. (d). Pub. L. 95-62, Sec. 3(2), struck out provisions which

had limited definition of "cost of construction" to the cost of

construction of nursing home facilities.

1976 - Par. (a). Pub. L. 94-581 substituted "veteran" for "war

veteran".

EFFECTIVE DATE OF 1986 AMENDMENT

Section 224(e) of Pub. L. 99-576 provided that: "The amendments

made by this section [amending this section and sections 5033 and

5035 [now 8133 and 8135] of this title] shall take effect on July

1, 1987."

EFFECTIVE DATE OF 1977 AMENDMENT

Section 5 of Pub. L. 95-62 provided that:

"(a) Except as provided in subsection (b) of this section, the

amendments made by this Act [amending this section and sections

5032 to 5036 [now 8132 to 8136] of this title and repealing section

644 of this title] shall be effective October 1, 1977.

"(b)(1) The terms and conditions of any grant made prior to

October 1, 1977, under section 644 of title 38, United States Code

[former section 644 of this title], and regulations prescribed

thereunder, shall remain in full force and effect unless modified,

by the mutual agreement of the parties, in accordance with the

provisions of subchapter III of chapter 81 of such title, and

regulations prescribed thereunder, in effect after September 30,

1977.

"(2) With respect to any grant made prior to October 1, 1977,

under subchapter III of chapter 81 of such title, the Administrator

of Veterans' Affairs shall, upon application of a grantee, modify

the terms and conditions of such grant to comply with the

provisions of such subchapter as amended by this Act, and

regulations prescribed thereunder, and shall promptly notify each

such grantee of the grantee's right to request such modification."

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-581 effective Oct. 21, 1976, see section

211 of Pub. L. 94-581, set out as a note under section 111 of this

title.

SHORT TITLE OF 1977 AMENDMENT

For short title of Pub. L. 95-62 as the "State Veterans' Home

Assistance Improvement Act of 1977", see section 1 of Pub. L.

95-62, set out as a Short Title of 1977 Amendment note under

section 101 of this title.

-End-

-CITE-

38 USC Sec. 8132 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 81 - ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY

FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE

LEASES OF REAL PROPERTY

SUBCHAPTER III - STATE HOME FACILITIES FOR FURNISHING DOMICILIARY,

NURSING HOME, AND HOSPITAL CARE

-HEAD-

Sec. 8132. Declaration of purpose

-STATUTE-

The purpose of this subchapter is to assist the several States to

construct State home facilities (or to acquire facilities to be

used as State home facilities) for furnishing domiciliary or

nursing home care to veterans, and to expand, remodel, or alter

existing buildings for furnishing domiciliary, nursing home, adult

day health, or hospital care to veterans in State homes.

-SOURCE-

(Added Pub. L. 88-450, Sec. 4(a), Aug. 19, 1964, 78 Stat. 501, Sec.

5032; amended Pub. L. 94-581, title II, Sec. 206(b), Oct. 21, 1976,

90 Stat. 2859; Pub. L. 95-62, Sec. 3(3), July 5, 1977, 91 Stat.

262; Pub. L. 98-528, title I, Sec. 105(1), Oct. 19, 1984, 98 Stat.

2689; renumbered Sec. 8132, Pub. L. 102-40, title IV, Sec.

402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 104-262, title III,

Sec. 342(b)(2), Oct. 9, 1996, 110 Stat. 3206.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-262 inserted "adult day health," before "or

hospital care".

1991 - Pub. L. 102-40 renumbered section 5032 of this title as

this section.

1984 - Pub. L. 98-528 inserted "(or to acquire facilities to be

used as State home facilities) after "State home facilities".

1977 - Pub. L. 95-62 inserted references to the construction of

State home facilities for furnishing of domiciliary care and to the

expansion, remodeling, and alteration of existing buildings for

furnishing domiciliary, nursing home, or hospital care to veterans

in State homes.

1976 - Pub. L. 94-581 substituted "veterans" for "war veterans".

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-62 effective Oct. 1, 1977, with provision

for the continuing force and effect of the terms and conditions of

grants made prior to Oct. 1, 1977, under former section 644 of this

title and with additional provision for the modification of the

terms and conditions of both grants made under former section 644

of this title prior to Oct. 1, 1977, and of grants made under this

subchapter prior to Oct. 1, 1977, see section 5 of Pub. L. 95-62,

set out as a note under section 8131 of this title.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-581 effective Oct. 21, 1976, see section

211 of Pub. L. 94-581, set out as a note under section 111 of this

title.

-End-

-CITE-

38 USC Sec. 8133 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 81 - ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY

FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE

LEASES OF REAL PROPERTY

SUBCHAPTER III - STATE HOME FACILITIES FOR FURNISHING DOMICILIARY,

NURSING HOME, AND HOSPITAL CARE

-HEAD-

Sec. 8133. Authorization of appropriations

-STATUTE-

(a) There are hereby authorized to be appropriated such sums as

are necessary to carry out this subchapter. Sums appropriated

pursuant to this section shall be used for making grants to States

which have submitted, and have had approved by the Secretary,

applications for carrying out the purposes and meeting the

requirements of this subchapter.

(b) Sums appropriated pursuant to subsection (a) of this section

shall remain available until expended.

-SOURCE-

(Added Pub. L. 88-450, Sec. 4(a), Aug. 19, 1964, 78 Stat. 501, Sec.

5033; amended Pub. L. 89-311, Sec. 7(a), Oct. 31, 1965, 79 Stat.

1157; Pub. L. 90-432, Sec. 2, July 26, 1968, 82 Stat. 448; Pub. L.

93-82, title IV, Sec. 403(c), Aug. 2, 1973, 87 Stat. 196; Pub. L.

95-62, Sec. 3(4), July 5, 1977, 91 Stat. 262; Pub. L. 96-151, title

I, Sec. 101(a), Dec. 20, 1979, 93 Stat. 1092; Pub. L. 97-251, Sec.

8, Sept. 8, 1982, 96 Stat. 716; Pub. L. 99-576, title II, Sec.

224(a), Oct. 28, 1986, 100 Stat. 3262; Pub. L. 101-110, Sec. 1(c),

Oct. 6, 1989, 103 Stat. 682; Pub. L. 101-237, title II, Sec.

201(b), Dec. 18, 1989, 103 Stat. 2066; renumbered Sec. 8133, Pub.

L. 102-40, title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238;

Pub. L. 102-83, Sec. 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404,

405; Pub. L. 102-585, title IV, Sec. 402, Nov. 4, 1992, 106 Stat.

4954.)

-MISC1-

AMENDMENTS

1992 - Subsec. (a). Pub. L. 102-585 struck out before period at

end of first sentence "through September 30, 1992".

1991 - Pub. L. 102-40 renumbered section 5033 of this title as

this section.

Subsec. (a). Pub. L. 102-83 substituted "Secretary" for

"Administrator".

1989 - Subsec. (a). Pub. L. 101-237 substituted "September 30,

1992" for "September 30, 1990".

Pub. L. 101-110 substituted "1990" for "1989".

1986 - Subsec. (a). Pub. L. 99-576 amended first sentence

generally. Prior to amendment, first sentence read as follows:

"There is hereby authorized to be appropriated $15,000,000 for

fiscal year 1980 and such sums as may be necessary for fiscal year

1981 and for each of the five succeeding fiscal years."

1982 - Subsec. (a). Pub. L. 97-251 substituted "for fiscal year

1980 and such sums as may be necessary for fiscal year 1981 and for

each of the five succeeding fiscal years" for "for the fiscal year

ending September 30, 1978, a like sum for each of the two

succeeding fiscal years, and such sums as may be necessary for the

fiscal years ending September 30, 1981, and September 30, 1982".

1979 - Subsec. (a). Pub. L. 96-151 inserted provisions extending

authorization of a like sum from one to two years, and provisions

authorizing to be appropriated such sums as necessary for the

fiscal years ending Sept. 30, 1981, and Sept. 30, 1982.

1977 - Subsec. (a). Pub. L. 95-62 substituted "$15,000,000 for

the fiscal year ending September 30, 1978, and a like sum for the

succeeding fiscal year" for "$5,000,000 for the fiscal year ending

June 30, 1965, and a like sum for each of the fourteen succeeding

fiscal years" and "applications for carrying out the purposes and

meeting the requirements of this subchapter" for "applications for

carrying out the purposes of section 5032 of this title".

Subsec. (b). Pub. L. 95-62 substituted "shall remain available

until expended" for "shall remain available until the end of the

second fiscal year following the fiscal year for which they are

appropriated".

1973 - Subsec. (a). Pub. L. 93-82 substituted "fourteen

succeeding fiscal years" for "nine succeeding fiscal years".

1968 - Subsec. (a). Pub. L. 90-432 substituted "nine succeeding

fiscal years" for "four succeeding fiscal years".

1965 - Subsec. (c). Pub. L. 89-311 repealed subsec. (c) which

limited to not more than 10 per centum of the funds appropriated

pursuant to subsec. (a) of this section the moneys which could be

used to assist in the construction of nursing home care facilities

in any one State.

EFFECTIVE DATE OF 1989 AMENDMENT

Section 3(a) of Pub. L. 101-110 provided that: "The provisions of

and amendments made by this Act [amending this section and enacting

provisions set out as notes under sections 1712, 1720B, and 3729 of

this title and under section 6302 of Title 5, Government

Organization and Employees] shall take effect as of October 1,

1989."

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-576 effective July 1, 1987, see section

224(e) of Pub. L. 99-576, set out as a note under section 8131 of

this title.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-62 effective Oct. 1, 1977, with provision

for the continuing force and effect of the terms and conditions of

grants made prior to Oct. 1, 1977, under former section 644 of this

title and with additional provision for the modification of the

terms and conditions of both grants made under former section 644

of this title prior to Oct. 1, 1977, and of grants made under this

subchapter prior to Oct. 1, 1977, see section 5 of Pub. L. 95-62,

set out as a note under section 8131 of this title.

EFFECTIVE DATE OF 1973 AMENDMENT

Amendment by Pub. L. 93-82 effective Sept. 1, 1973, see section

501 of Pub. L. 93-82, set out as a note under section 1701 of this

title.

-End-

-CITE-

38 USC Sec. 8134 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 81 - ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY

FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE

LEASES OF REAL PROPERTY

SUBCHAPTER III - STATE HOME FACILITIES FOR FURNISHING DOMICILIARY,

NURSING HOME, AND HOSPITAL CARE

-HEAD-

Sec. 8134. General regulations

-STATUTE-

(a)(1) The Secretary shall prescribe regulations for the purposes

of this subchapter.

(2) In those regulations, the Secretary shall prescribe for each

State the number of nursing home and domiciliary beds for which

assistance under this subchapter may be furnished. Such regulations

shall be based on projected demand for such care 10 years after the

date of the enactment of the Veterans Millennium Health Care and

Benefits Act by veterans who at such time are 65 years of age or

older and who reside in that State. In determining such projected

demand, the Secretary shall take into account travel distances for

veterans and their families.

(3)(A) In those regulations, the Secretary shall establish

criteria under which the Secretary shall determine, with respect to

an application for assistance under this subchapter for a project

described in subparagraph (B) which is from a State that has a need

for additional beds as determined under subsections (a)(2) and

(d)(1), whether the need for such beds is most aptly characterized

as great, significant, or limited. Such criteria shall take into

account the availability of beds already operated by the Secretary

and other providers which appropriately serve the needs which the

State proposes to meet with its application.

(B) This paragraph applies to a project for the construction or

acquisition of a new State home facility, a project to increase the

number of beds available at a State home facility, and a project to

replace beds at a State home facility.

(4) The Secretary shall review and, as necessary, revise

regulations prescribed under paragraphs (2) and (3) not less often

than every four years.

(b) The Secretary shall prescribe the following by regulation:

(1) General standards of construction, repair, and equipment

for facilities constructed or acquired with assistance received

under this subchapter.

(2) General standards for the furnishing of care in facilities

which are constructed or acquired with assistance received under

this subchapter, which standards shall be no less stringent than

those standards prescribed by the Secretary pursuant to section

1720(b) of this title.

(c) The Secretary may inspect any State facility constructed or

acquired with assistance received under this subchapter at such

times as the Secretary deems necessary to insure that such facility

meets the standards prescribed under subsection (b)(2).

(d)(1) In prescribing regulations to carry out this subchapter,

the Secretary shall provide that in the case of a State that seeks

assistance under this subchapter for a project described in

subsection (a)(3)(B), the determination of the unmet need for beds

for State homes in that State shall be reduced by the number of

beds in all previous applications submitted by that State under

this subchapter, including beds which have not been recognized by

the Secretary under section 1741 of this title.

(2)(A) Financial assistance under this subchapter for a

renovation project may only be provided for a project for which the

total cost of construction is in excess of $400,000 (as adjusted

from time-to-time in such regulations to reflect changes in costs

of construction).

(B) For purposes of this paragraph, a renovation project is a

project to remodel or alter existing buildings for which financial

assistance under this subchapter may be provided and does not

include maintenance and repair work which is the responsibility of

the State.

-SOURCE-

(Added Pub. L. 88-450, Sec. 4(a), Aug. 19, 1964, 78 Stat. 502, Sec.

5034; amended Pub. L. 89-311, Sec. 7(b), Oct. 31, 1965, 79 Stat.

1157; Pub. L. 93-82, title IV, Sec. 403(d), Aug. 2, 1973, 87 Stat.

196; Pub. L. 94-581, title I, Sec. 107(b), title II, Sec. 206(b),

Oct. 21, 1976, 90 Stat. 2847, 2859; Pub. L. 95-62, Sec. 3(5), (6),

July 5, 1977, 91 Stat. 262; Pub. L. 96-330, title IV, Sec. 404,

Aug. 26, 1980, 94 Stat. 1052; Pub. L. 98-528, title I, Sec. 105(2),

Oct. 19, 1984, 98 Stat. 2689; renumbered Sec. 8134, Pub. L. 102-40,

title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L.

102-54, Sec. 14(f)(6), June 13, 1991, 105 Stat. 288; Pub. L.

102-83, Secs. 4(b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat.

404-406; Pub. L. 106-117, title II, Sec. 207(a), Nov. 30, 1999, 113

Stat. 1564.)

-REFTEXT-

REFERENCES IN TEXT

The date of the enactment of the Veterans Millennium Health Care

and Benefits Act, referred to in subsec. (a)(2), is the date of

enactment of Pub. L. 106-117, which was approved Nov. 30, 1999.

-MISC1-

AMENDMENTS

1999 - Subsecs. (a), (b). Pub. L. 106-117, Sec. 207(a)(1)-(3),

added subsec. (a), redesignated former subsec. (a) as (b) and

struck out introductory provisions and par. (1) which authorized

Secretary to prescribe number of beds needed for adequate nursing

home care of veterans, and redesignated former pars. (2) and (3) of

subsec. (a) as pars. (1) and (2), respectively, of subsec. (b).

Former subsec. (b) redesignated (c).

Subsec. (c). Pub. L. 106-117, Sec. 207(a)(1), (4), redesignated

subsec. (b) as (c) and substituted "subsection (b)(2)" for

"subsection (a)(3)".

Subsec. (d). Pub. L. 106-117, Sec. 207(a)(5), added subsec. (d).

1991 - Pub. L. 102-40 renumbered section 5034 of this title as

this section.

Pub. L. 102-83, Sec. 5(c)(1), substituted "1720(b)" for "620(b)"

in subsec. (a)(3).

Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for

"Administrator" wherever appearing.

Pub. L. 102-54 amended section as in effect immediately before

the enactment of Pub. L. 102-40 by inserting "(a)" before "Within

six months", substituting "any amendment to this section" for "this

section or any amendment to it", designating sentence at end of

par. (3) as subsec. (b), realigning such sentence, and substituting

"the standards prescribed under subsection (a)(3)" for "such

standards" at end of such sentence.

1984 - Pars. (2), (3). Pub. L. 98-528 inserted "or acquired"

after "constructed" wherever appearing.

1980 - Par. (1). Pub. L. 96-330 struck out ", which number shall

not exceed two and one-half beds per thousand veteran population in

the case of any State" after "residing in each State".

1977 - Par. (2). Pub. L. 95-62, Sec. 3(5), substituted "repair,

and equipment for facilities constructed" for "repairs,

modernization, alteration, and equipment for facilities for

furnishing nursing home care which are constructed".

Par. (3). Pub. L. 95-62, Sec. 3(6), substituted "furnishing of

care" for "furnishing of nursing home care".

1976 - Pub. L. 94-581 substituted "date of enactment of this

section or any amendment to it with respect to such amendment" for

"date of enactment of this subchapter" in provisions preceding par.

(1), substituted "veterans" and "veteran" for "war veterans" and

"war veteran", respectively, in par. (1), and added par. (3).

1973 - Par. (1). Pub. L. 93-82 substituted "two and one-half

beds" for "one and one-half beds".

1965 - Par. (1). Pub. L. 89-311 substituted "one and one-half

beds" for "one-half bed".

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-62 effective Oct. 1, 1977, with provision

for the continuing force and effect of the terms and conditions of

grants made prior to Oct. 1, 1977, under former section 644 of this

title and with additional provision for the modification of the

terms and conditions of both grants made under former section 644

of this title prior to Oct. 1, 1977, and of grants made under this

subchapter prior to Oct. 1, 1977, see section 5 of Pub. L. 95-62,

set out as a note under section 8131 of this title.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-581 effective Oct. 21, 1976, see section

211 of Pub. L. 94-581, set out as a note under section 111 of this

title.

EFFECTIVE DATE OF 1973 AMENDMENT

Amendment by Pub. L. 93-82 effective Sept. 1, 1973, see section

501 of Pub. L. 93-82, set out as a note under section 1701 of this

title.

REGULATIONS

Pub. L. 106-117, title II, Sec. 207(d), Nov. 30, 1999, 113 Stat.

1567, provided that: "The Secretary [of Veterans Affairs] shall

prescribe the initial regulations under subsection (a) of section

8134 of title 38, United States Code, as added by subsection (a),

not later than April 30, 2000."

TRANSITION PROVISIONS

Provisions of this section in effect on Nov. 10, 1999, to

continue in effect after that date with respect to certain

applications described in section 8135(b)(2)(A) of this title that

are identified in section 207(c)(2) of Pub. L. 106-117, see section

207(c) of Pub. L. 106-117, set out as a note under section 8135 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8135 of this title.

-End-

-CITE-

38 USC Sec. 8135 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 81 - ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY

FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE

LEASES OF REAL PROPERTY

SUBCHAPTER III - STATE HOME FACILITIES FOR FURNISHING DOMICILIARY,

NURSING HOME, AND HOSPITAL CARE

-HEAD-

Sec. 8135. Applications with respect to projects; payments

-STATUTE-

(a) Any State desiring to receive assistance for a project for

construction of State home facilities (or acquisition of a facility

to be used as a State home facility) must submit to the Secretary

an application. Such application shall set forth the following:

(1) The amount of the grant requested with respect to such

project which may not exceed 65 percent of the estimated cost of

construction (or of the estimated cost of facility acquisition

and construction) of such project.

(2) A description of the site for such project.

(3) Plans and specifications for such project in accordance

with regulations prescribed by the Secretary pursuant to section

8134(a)(2) of this title.

(4) Reasonable assurance that upon completion of such project

the facilities will be used principally to furnish to veterans

the level of care for which such application is made and that not

more than 25 percent of the bed occupancy at any one time will

consist of patients who are not receiving such level of care as

veterans.

(5) Reasonable assurance that title to such site is or will be

vested solely in the applicant, a State home, or another agency

or instrumentality of the State.

(6) Reasonable assurance that adequate financial support will

be available for the construction of the project (or for facility

acquisition and construction of the project) by July 1 of the

fiscal year for which the application is approved and for its

maintenance and operation when complete.

(7) Reasonable assurance that the State will make such reports

in such form and containing such information as the Secretary may

from time to time reasonably require, and give the Secretary,

upon demand, access to the records upon which such information is

based.

(8) Reasonable assurance that the rates of pay for laborers and

mechanics engaged in construction of the project will be not less

than the prevailing local wage rates for similar work as

determined in accordance with sections 3141-3144, 3146, and 3147

of title 40.

(9) In the case of a project for acquisition of a facility,

reasonable assurance that the estimated total cost of acquisition

of the facility and of any expansion, remodeling, and alteration

of the acquired facility will not be greater than the estimated

cost of construction of an equivalent new facility.

(b)(1) Any State seeking to receive assistance under this

subchapter for a project that would involve construction or

acquisition of either nursing home or domiciliary facilities shall

include with its application under subsection (a) the following:

(A) Documentation (i) that the site for the project is in

reasonable proximity to a sufficient concentration and population

of veterans who are 65 years of age and older, and (ii) that

there is a reasonable basis to conclude that the facilities when

complete will be fully occupied.

(B) A financial plan for the first three years of operation of

such facilities.

(C) A five-year capital plan for the State home program for

that State.

(2) Failure to provide adequate documentation under paragraph

(1)(A) or to provide an adequate financial plan under paragraph

(1)(B) shall be a basis for disapproving the application.

(c)(1) Upon receipt of an application under subsection (a) for

financial assistance under this subchapter, the Secretary -

(A) shall determine whether the application meets the

requirements of this section and of the regulations prescribed

under section 8134 of this title;

(B) shall notify the State submitting the application whether

the application conforms with those requirements and, if it does

not, of the actions necessary to bring the application into

conformance with those requirements; and

(C) shall determine the priority of the project described in

the application in accordance with the provisions of this

subsection.

(2) Subject to paragraphs (3) and (5)(C) of this subsection, the

Secretary shall accord priority to applications in the following

order:

(A) An application from a State that has made sufficient funds

available for the project for which the grant is requested so

that such project may proceed upon approval of the grant without

further action required by the State to make such funds available

for such purpose.

(B) An application from a State for a project at an existing

facility to remedy a condition or conditions that have been cited

by an accrediting institution, by the Secretary, or by a local

licensing or approving body of the State as being threatening to

the lives or safety of the patients in the facility.

(C) An application from a State that has not previously applied

for award of a grant under this subchapter for construction or

acquisition of a State nursing home.

(D) An application for construction or acquisition of a nursing

home or domiciliary from a State that the Secretary determines,

in accordance with regulations under this subchapter, has a great

need for the beds to be established at such home or facility.

(E) An application from a State for renovations to a State home

facility other than renovations described in subparagraph (B).

(F) An application for construction or acquisition of a nursing

home or domiciliary from a State that the Secretary determines,

in accordance with regulations under this subchapter, has a

significant need for the beds to be established at such home or

facility.

(G) An application that meets other criteria as the Secretary

determines appropriate and has established in regulations.

(H) An application for construction or acquisition of a nursing

home or domiciliary from a State that the Secretary determines,

in accordance with regulations under this subchapter, has a

limited need for the beds to be established at such home or

facility.

(3) In according priorities to projects under paragraph (2) of

this subsection, the Secretary -

(A) may not accord any priority to a project for the

construction or acquisition of a hospital; and

(B) may not accord any priority to a project which would expand

a State's capacity to furnish hospital care in a State home.

(4) The Secretary shall establish a list of approved projects

(including projects that have been conditionally approved under

paragraph (6) of this subsection), in the order of their priority,

as of August 15 of each year. The Secretary shall award grants in

the order of their priority on the list during the fiscal year

beginning on October 1 of the calendar year in which the list was

made.

(5)(A) The Secretary shall defer approval of an application that

otherwise meets the requirements of this section if the State

submitting the application does not, by the July 1 deadline (as

defined in subparagraph (D) of this paragraph), demonstrate to the

satisfaction of the Secretary that the State has provided adequate

financial support for construction of the project.

(B) In a case in which approval of an application is deferred

under subparagraph (A) of this paragraph, the Secretary shall

select for award of a grant or grants under this subsection an

application or applications which would not have been approved

during the fiscal year but for the deferral and to which the

Secretary accords the highest priority under paragraph (2) of this

subsection.

(C) An application deferred in accordance with the requirements

of this paragraph shall be accorded priority in any subsequent

fiscal year ahead of applications that had not been approved before

the first day of the fiscal year in which the deferred application

was first approved.

(D) For the purposes of this paragraph, the term "July 1

deadline" means July 1 of the fiscal year in which the State is

notified by the Secretary of the availability of funding for a

grant for such project.

(6)(A) The Secretary may conditionally approve a project under

this section, conditionally award a grant for the project, and

obligate funds for the grant if the Secretary determines that the

application for the grant is sufficiently complete to warrant

awarding the grant and that, based on assurances provided by the

State submitting the application, the State will complete the

application and meet all the requirements referred to in paragraph

(1)(A) of this subsection by the date, not later than 180 days

after the date of the conditional approval, specified by the

Secretary.

(B) If a State does not complete the application and meet all the

requirements referred to in such paragraph by the date specified by

the Secretary under subparagraph (A) of this paragraph, the

Secretary shall rescind the conditional approval and award under

such subparagraph and deobligate the funds previously obligated in

connection with the application. In the event the Secretary

rescinds conditional approval of a project under this subparagraph,

the Secretary may not further obligate funds for the project during

the fiscal year in which the Secretary rescinds such approval.

(7)(A) Subject to subparagraph (B) of this paragraph, the

Secretary may increase the amount of any grant awarded to any State

for a project under this section by an amount by which the

Secretary determines that the estimated cost of the construction or

acquisition has increased from the estimated cost on which the

Secretary based the determination to award the grant, without

regard to the position of such project on the list established

under paragraph (4) of this subsection, if the Secretary determines

that the grant was awarded before the State entered into a contract

for the construction or acquisition provided for in such project.

(B) A grant may not be increased under subparagraph (A) of this

paragraph by more than 10 percent of the amount of the grant

initially awarded for such project, and the amount of such grant,

as increased, may not exceed 65 percent of the cost of the project.

(d) No application submitted to the Secretary under this section

shall be disapproved until the Secretary has afforded the applicant

notice and an opportunity for a hearing.

(e) The amount of a grant under this subchapter shall be paid to

the applicant or, if designated by the applicant, the State home

for which such project is being carried out or any other agency or

instrumentality of the applicant. Such amount shall be paid, in

advance or by way of reimbursement, and in such installments

consistent with the progress of the project as the Secretary may

determine and certify for payment to the Secretary of the Treasury.

Funds paid under this section for an approved project shall be used

solely for carrying out such project as so approved.

(f) Any amendment of any application, whether or not approved,

shall be subject to approval in the same manner as an original

application.

-SOURCE-

(Added Pub. L. 88-450, Sec. 4(a), Aug. 19, 1964, 78 Stat. 502, Sec.

5035; amended Pub. L. 89-311, Sec. 7(a), Oct. 31, 1965, 79 Stat.

1157; Pub. L. 93-82, title IV, Sec. 403(e), Aug. 2, 1973, 87 Stat.

196; Pub. L. 94-581, title II, Secs. 206(b), 210(e)(10), Oct. 21,

1976, 90 Stat. 2859, 2865; Pub. L. 95-62, Sec. 3(7)-(12), July 5,

1977, 91 Stat. 262, 263; Pub. L. 97-295, Sec. 4(92), Oct. 12, 1982,

96 Stat. 1313; Pub. L. 98-528, title I, Sec. 105(3), Oct. 19, 1984,

98 Stat. 2689; Pub. L. 99-166, title II, Sec. 205, Dec. 3, 1985, 99

Stat. 953; Pub. L. 99-576, title II, Sec. 224(b), (c), Oct. 28,

1986, 100 Stat. 3262, 3263; Pub. L. 100-322, title II, Sec. 206,

May 20, 1988, 102 Stat. 513; renumbered Sec. 8135 and amended Pub.

L. 102-40, title IV, Sec. 402(b)(1), (d)(1), May 7, 1991, 105 Stat.

238, 239; Pub. L. 102-54, Sec. 14(f)(7), June 13, 1991, 105 Stat.

288; Pub. L. 102-83, Sec. 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat.

404, 405; Pub. L. 102-585, title IV, Secs. 403(a), 404(a), Nov. 4,

1992, 106 Stat. 4954; Pub. L. 103-446, title XII, Sec. 1201(d)(18),

Nov. 2, 1994, 108 Stat. 4684; Pub. L. 104-262, title III, Sec.

342(b)(3), Oct. 9, 1996, 110 Stat. 3206; Pub. L. 106-117, title II,

Sec. 207(b), Nov. 30, 1999, 113 Stat. 1565; Pub. L. 107-217, Sec.

3(j)(4), Aug. 21, 2002, 116 Stat. 1300.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a)(8). Pub. L. 107-217 substituted "sections

3141-3144, 3146, and 3147 of title 40" for "the Act of March 3,

1931 (40 U.S.C. 276a - 276a-5) (known as the Davis-Bacon Act)".

1999 - Subsec. (a). Pub. L. 106-117, Sec. 207(b)(1), in

introductory provisions, substituted "set forth the following:" for

"set forth - ", in pars. (1) to (7), capitalized the first letter

of the first word and substituted a period for the comma at the

end, in par. (8), capitalized the first letter of the first word

and substituted a period for ", and" at the end, and in par. (9),

capitalized the first letter of the first word.

Subsec. (b). Pub. L. 106-117, Sec. 207(b)(3), added subsec. (b).

Former subsec. (b) redesignated (c).

Subsec. (c). Pub. L. 106-117, Sec. 207(b)(2), redesignated

subsec. (b) as (c). Former subsec. (c) redesignated (d).

Subsec. (c)(1). Pub. L. 106-117, Sec. 207(b)(4)(A), in

introductory provisions, substituted "under subsection (a) for

financial assistance under this subchapter" for "for a grant under

subsection (a) of this section".

Subsec. (c)(2)(A). Pub. L. 106-117, Sec. 207(b)(4)(B)(i), struck

out "the construction or acquisition of" after "sufficient funds

available for".

Subsec. (c)(2)(B) to (H). Pub. L. 106-117, Sec. 207(b)(4)(B)(ii),

added subpars. (B) to (H) and struck out former subpars. (B) to (D)

which read as follows:

"(B) An application from a State that does not have a State home

facility constructed or acquired with assistance under this

subchapter (or for which such a grant has been made).

"(C) An application from a State which the Secretary determines,

in accordance with criteria and procedures specified in regulations

which the Secretary shall prescribe, has a greater need for nursing

home or domiciliary beds or adult day health care facilities than

other States from which applications are received.

"(D) An application that meets such other criteria as the

Secretary determines are appropriate and has established in

regulations."

Subsec. (c)(3)(A). Pub. L. 106-117, Sec. 207(b)(4)(C), added

subpar. (A) and struck out former subpar. (A) which read as

follows: "shall accord priority only to projects which would

involve construction or acquisition of either nursing home or

domiciliary buildings or construction (other than new construction)

of adult day health care buildings; and".

Subsecs. (d) to (f). Pub. L. 106-117, Sec. 207(b)(2),

redesignated subsecs. (c) to (e) as (d) to (f), respectively.

1996 - Subsec. (b)(2)(C). Pub. L. 104-262, Sec. 342(b)(3)(A),

inserted "or adult day health care facilities" after "domiciliary

beds".

Subsec. (b)(3)(A). Pub. L. 104-262, Sec. 342(b)(3)(B), inserted

"or construction (other than new construction) of adult day health

care buildings" before semicolon.

1994 - Subsec. (a)(3). Pub. L. 103-446 substituted "section

8134(a)(2)" for "section 8134(2)".

1992 - Subsec. (b)(6)(A). Pub. L. 102-585, Sec. 403(a),

substituted "180 days" for "90 days".

Subsec. (b)(6)(B). Pub. L. 102-585, Sec. 404(a), inserted at end

"In the event the Secretary rescinds conditional approval of a

project under this subparagraph, the Secretary may not further

obligate funds for the project during the fiscal year in which the

Secretary rescinds such approval."

1991 - Pub. L. 102-40, Sec. 402(b)(1), renumbered section 5035 of

this title as this section.

Subsec. (a). Pub. L. 102-83 substituted "Secretary" for

"Administrator" wherever appearing.

Pub. L. 102-54 amended subsec. (a) as in effect immediately

before the enactment of Pub. L. 102-40 by substituting "Any State"

for "After regulations have been prescribed by the Administrator

under section 5034 of this title, any State".

Pub. L. 102-40, Sec. 402(d)(1), substituted "8134(2)" for

"5034(2)" in par. (3).

Subsec. (b). Pub. L. 102-83 substituted "Secretary" for

"Administrator" wherever appearing.

Subsec. (b)(1)(A). Pub. L. 102-40, Sec. 402(d)(1), substituted

"8134" for "5034".

Subsecs. (c), (d). Pub. L. 102-83 substituted "Secretary" for

"Administrator" wherever appearing.

1988 - Subsec. (b)(4). Pub. L. 100-322, Sec. 206(a), (b)(1),

inserted "(including projects that have been conditionally approved

under paragraph (6) of this subsection)" after "projects" and

substituted "August 15" for "July 1".

Subsec. (b)(6), (7). Pub. L. 100-322, Sec. 206(b)(2), added pars.

(6) and (7).

1986 - Subsec. (b). Pub. L. 99-576, Sec. 224(b), amended subsec.

(b) generally, substituting provisions consisting of pars. (1) to

(5) for former provisions consisting of pars. (1) and (2).

Subsec. (d). Pub. L. 99-576, Sec. 224(c), struck out par. (1)

designation, substituted "The amount of a grant under this

subchapter shall be paid" for "Upon approving an application under

this section, the Administrator shall certify to the Secretary of

the Treasury the amount of the grant so approved, but in no event

an amount greater than 65 percent of the estimated cost of

construction (or of the estimated cost of facility acquisition and

construction) of the project, and shall designate the appropriation

from which it shall be paid. Such certification shall provide for

payment" and struck out par. (2) which read as follows: "No one

State may receive in any fiscal year in the aggregate under this

subchapter more than one-third of the amount appropriated for

carrying out this subchapter in such fiscal year."

1985 - Subsec. (a)(6). Pub. L. 99-166, Sec. 205(a), inserted "by

July 1 of the fiscal year for which the application is approved".

Subsec. (b). Pub. L. 99-166, Sec. 205(b), designated existing

provisions as par. (1), redesignated cls. (1) to (4) as (A) to (D),

respectively, and added par. (2).

1984 - Subsec. (a). Pub. L. 98-528, Sec. 105(3)(A), inserted "(or

acquisition of a facility to be used as a State home facility)"

after "State home facilities" in provisions preceding par. (1).

Subsec. (a)(1). Pub. L. 98-528, Sec. 105(3)(B), inserted "(or of

the estimated cost of facility acquisition and construction)" after

"cost of construction".

Subsec. (a)(6). Pub. L. 98-528, Sec. 105(3)(C), inserted "(or for

facility acquisition and construction of the project)" after

"construction of the project".

Subsec. (a)(8). Pub. L. 98-528, Sec. 105(3)(D), substituted "the

Act of March 3, 1931 (40 U.S.C. 276a - 276a-5)" for "sections 276a

through 276a-5 of title 40".

Subsec. (a)(9). Pub. L. 98-528, Sec. 105(3)(E), added par. (9).

Subsec. (b)(2). Pub. L. 98-528, Sec. 105(3)(F), inserted "(or of

the estimated cost of facility acquisition and construction)" after

"cost of construction".

Subsec. (b)(4). Pub. L. 98-528, Sec. 105(3)(G), substituted "the

carrying out of such project" for "the construction of such

project".

Subsec. (d)(1). Pub. L. 98-528, Sec. 105(3)(H), inserted "(or of

the estimated cost of facility acquisition and construction)" after

"cost of construction" in first sentence, substituted "carried out"

for "constructed" in second sentence, substituted "the project" for

"construction" in third sentence, struck out "the construction of"

before "an approved project" in fourth sentence.

1982 - Subsecs. (a)(1), (4), (b)(2), (d)(1). Pub. L. 97-295

substituted "percent" for "per centum" wherever appearing.

1977 - Subsec. (a). Pub. L. 95-62, Sec. 3(7), (8), substituted

"State home facilities must submit" for "State home facilities for

furnishing nursing home care must submit" in provisions preceding

par. (1) and, "to furnish to veterans the level of care for which

such application is made and that not more than 25 per centum of

the bed occupancy at any one time will consist of patients who are

not receiving such level of care as war veterans" for "to furnish

nursing home care to veterans and that not more than 10 per centum

of the bed occupancy at any one time will consist of patients who

are not receiving nursing home care as veterans" in par. (4).

Subsec. (b)(3). Pub. L. 95-62, Sec. 3(9), substituted "reasonable

assurances under subsection (a) of this section as the

Administrator" for "reasonable assurances as to use, title,

financial support, reports and access to records, and payment of

prevailing rates of wages, as the Administrator".

Subsec. (c). Pub. L. 95-62, Sec. 3(10), substituted "afforded the

applicant notice and an opportunity for a hearing" for "afforded

the applicant an opportunity for a hearing".

Subsec. (d). Pub. L. 95-62, Sec. 3(11), designated existing

provisions as par. (1), substituted "the Administrator shall

certify to the Secretary of the Treasury the amount of the grant so

approved" for "the Administrator shall certify to the Secretary of

the Treasury the amount of the grant requested with respect to such

project in such application", and added par. (2).

Subsec. (e). Pub. L. 95-62, Sec. 3(12), substituted "amendment of

any application, whether or not approved," for "amendment of any

approved application".

1976 - Subsec. (a)(4). Pub. L. 94-581, Sec. 206(b), substituted

"veterans" for "war veterans" in two places.

Subsec. (b). Pub. L. 94-581, Secs. 206(b), 210(e)(10),

substituted "the Administrator" for "he" in provisions preceding

par. (1) and "veterans" for "war veterans" in par. (4).

1973 - Subsecs. (a)(1), (b)(2), (d). Pub. L. 93-82 substituted

"65 per centum" for "50 per centum".

1965 - Subsec. (b). Pub. L. 89-311 repealed par. (3) which placed

a limit of 10 per centum of the funds appropriated for any fiscal

year pursuant to section 5033(a) of this title upon the amount

which could be used to assist in the construction of facilities in

any one state, and redesignated pars. (4) and (5) as pars. (3) and

(4), respectively.

EFFECTIVE DATE OF 1992 AMENDMENT

Section 403(b) of Pub. L. 102-585 provided that: "The amendment

made by subsection (a) [amending this section] shall apply to

projects that are conditionally approved after September 30, 1992."

Section 404(b) of Pub. L. 102-585 provided that: "The amendment

made by subsection (a) [amending this section] shall apply to

rescissions of conditional approval of projects after the date of

the enactment of this Act [Nov. 4, 1992]."

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-576 effective July 1, 1987, see section

224(e) of Pub. L. 99-576, set out as a note under section 8131 of

this title.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-62 effective Oct. 1, 1977, with provision

for the continuing force and effect of the terms and conditions of

grants made prior to Oct. 1, 1977, under former section 644 of this

title and with additional provision for the modification of the

terms and conditions of both grants made under former section 644

of this title prior to Oct. 1, 1977, and of grants made under this

subchapter prior to Oct. 1, 1977, see section 5 of Pub. L. 95-62,

set out as a note under section 8131 of this title.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-581 effective Oct. 21, 1976, see section

211 of Pub. L. 94-581, set out as a note under section 111 of this

title.

EFFECTIVE DATE OF 1973 AMENDMENT

Amendment by Pub. L. 93-82 effective Sept. 1, 1973, see section

501 of Pub. L. 93-82, set out as a note under section 1701 of this

title.

REGULATIONS

Section 224(f) of Pub. L. 99-576 provided that: "The

Administrator of Veterans' Affairs shall prescribe regulations not

later than April 1, 1987, to implement the amendments made by this

section [amending this section and sections 5031 and 5033 [now 8131

and 8133] of this title]."

TRANSITION PROVISIONS

Pub. L. 106-117, title II, Sec. 207(c), Nov. 30, 1999, 113 Stat.

1566, provided that:

"(1) The provisions of sections 8134 and 8135 of title 38, United

States Code, as in effect on November 10, 1999, shall continue in

effect after that date with respect to applications described in

section 8135(b)(2)(A) of such title, as in effect on that date,

that are identified in paragraph (2) (and to projects and grants

pursuant to those applications). The Secretary [of Veterans

Affairs] shall accord priority among those applications in the

order listed in paragraph (2).

"(2) Applications covered by paragraph (1) are the following:

"(A) Any application for a fiscal year 1999 priority one

project.

"(B) Any application for a fiscal year 2000 priority one

project that was submitted by a State that (i) did not receive

grant funds from amounts appropriated for fiscal year 1999 under

the State home grant program, and (ii) does not have any fiscal

year 1999 priority one projects.

"(3) For purposes of this subsection -

"(A) the term 'fiscal year 1999 priority one project' means a

project on the list of approved projects established by the

Secretary on October 29, 1998, under section 8135(b)(4) of title

38, United States Code, as in effect on that date that (pursuant

to section 8135(b)(2)(A) of that title) is in the grouping of

projects on that list designated as Priority Group 1;

"(B) the term 'fiscal year 2000 priority one project' means a

project on the list of approved projects established by the

Secretary on November 3, 1999, under section 8135(b)(4) of title

38, United States Code, as in effect on that date that (pursuant

to section 8135(b)(2)(A) of that title) is in the grouping of

projects on that list designated as Priority Group 1; and

"(C) the term 'State home grant program' means the grant

program under subchapter III of chapter 81 of title 38, United

States Code."

-End-

-CITE-

38 USC Sec. 8136 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 81 - ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY

FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE

LEASES OF REAL PROPERTY

SUBCHAPTER III - STATE HOME FACILITIES FOR FURNISHING DOMICILIARY,

NURSING HOME, AND HOSPITAL CARE

-HEAD-

Sec. 8136. Recapture provisions

-STATUTE-

(a) If, within the 20-year period beginning on the date of the

approval by the Secretary of the final architectural and

engineering inspection of any project with respect to which a grant

has been made under this subchapter (except that the Secretary,

pursuant to regulations which the Secretary shall prescribe, may at

the time of such grant provide for a shorter period than 20, but

not less than seven, years, based on the magnitude of the project

and the grant amount involved, in the case of the acquisition,

expansion, remodeling, or alteration of existing facilities), the

facilities covered by the project cease to be operated by a State,

a State home, or an agency or instrumentality of a State

principally for furnishing domiciliary, nursing home, or hospital

care to veterans, the United States shall be entitled to recover

from the State which was the recipient of the grant under this

subchapter, or from the then owner of such facilities, 65 percent

of the then value of such project (but in no event an amount

greater than the amount of assistance provided under this

subchapter), as determined by agreement of the parties or by action

brought in the district court of the United States for the district

in which such facilities are situated.

(b) The establishment and operation by the Secretary of an

outpatient clinic in facilities described in subsection (a) shall

not constitute grounds entitling the United States to any recovery

under that subsection.

-SOURCE-

(Added Pub. L. 88-450, Sec. 4(a), Aug. 19, 1964, 78 Stat. 503, Sec.

5036; amended Pub. L. 93-82, title IV, Sec. 403(f), Aug. 2, 1973,

87 Stat. 196; Pub. L. 94-581, title II, Sec. 206(b), Oct. 21, 1976,

90 Stat. 2859; Pub. L. 95-62, Sec. 3(13), July 5, 1977, 91 Stat.

263; Pub. L. 97-295, Sec. 4(92), Oct. 12, 1982, 96 Stat. 1313; Pub.

L. 98-528, title I, Sec. 105(4), Oct. 19, 1984, 98 Stat. 2690;

renumbered Sec. 8136, Pub. L. 102-40, title IV, Sec. 402(b)(1), May

7, 1991, 105 Stat. 238; Pub. L. 102-83, Sec. 4(b)(1), (2)(E), Aug.

6, 1991, 105 Stat. 404, 405; Pub. L. 102-585, title IV, Sec. 405,

Nov. 4, 1992, 106 Stat. 4954; Pub. L. 106-419, title II, Sec. 222,

Nov. 1, 2000, 114 Stat. 1845.)

-MISC1-

AMENDMENTS

2000 - Pub. L. 106-419 designated existing provisions as subsec.

(a) and added subsec. (b).

1992 - Pub. L. 102-585 substituted "If, within the 20-year period

beginning on the date of the approval by the Secretary of the final

architectural and engineering inspection of any project" for "If,

within 20 years after completion of any project" and "the

facilities covered by the project cease" for "such facilities

cease".

1991 - Pub. L. 102-40 renumbered section 5036 of this title as

this section.

Pub. L. 102-83 substituted "Secretary" for "Administrator" in two

places.

1984 - Pub. L. 98-528 struck out "for construction" after

"completion of any project"; inserted "acquisition," after "in the

case of the"; substituted "value of such project" for "value of

such construction"; struck out "for such construction" after

"assistance provided for", which amendment was executed by striking

out "for such construction" after "assistance provided" as the

probable intent of Congress, because "for" appeared only once after

"assistance provided"; and substituted "20" for "twenty" in two

places.

1982 - Pub. L. 97-295 substituted "percent" for "per centum".

1977 - Pub. L. 95-62 substituted "If, within twenty years after

completion of any project for construction with respect to which a

grant has been made under this subchapter (except that the

Administrator, pursuant to regulations which the Administrator

shall prescribe, may at the time of such grant provide for a

shorter period than twenty, but not less than seven, years, based

on the magnitude of the project and the grant amount involved, in

the case of the expansion, remodeling, or alteration of existing

facilities), such facilities cease to be operated by a State, a

State home, or an agency or instrumentality of a State principally

for furnishing domiciliary, nursing home, or hospital care to

veterans, the United States shall be entitled to recover from the

State which was the recipient of the grant under this subchapter,

or from the then owner of such facilities, 65 per centum of the

then value of such construction (but in no event an amount greater

than the amount of assistance provided for such construction under

this subchapter)" for "If, within twenty years after completion of

any project for construction of facilities for furnishing nursing

home care with respect to which a grant has been made under this

subchapter, such facilities cease to be operated by a State, a

State home, or an agency or instrumentality of a State principally

for furnishing nursing home care to veterans, the United States

shall be entitled to recover from the State which was the recipient

of the grant under this subchapter, or from the then owner of such

facilities, 65 per centum of the then value of such facilities".

1976 - Pub. L. 94-581 substituted "veterans" for "war veterans".

1973 - Pub. L. 93-82 substituted "65 per centum" for "50 per

centum".

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-62 effective Oct. 1, 1977, with provision

for the continuing force and effect of the terms and conditions of

grants made prior to Oct. 1, 1977, under former section 644 of this

title and with additional provision for the modification of the

terms and conditions of both grants made under former section 644

of this title prior to Oct. 1, 1977, and of grants made under this

subchapter prior to Oct. 1, 1977, see section 5 of Pub. L. 95-62,

set out as a note under section 8131 of this title.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-581 effective Oct. 21, 1976, see section

211 of Pub. L. 94-581, set out as a note under section 111 of this

title.

EFFECTIVE DATE OF 1973 AMENDMENT

Amendment by Pub. L. 93-82 effective Sept. 1, 1973, see section

501 of Pub. L. 93-82, set out as a note under section 1701 of this

title.

-End-

-CITE-

38 USC Sec. 8137 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 81 - ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY

FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE

LEASES OF REAL PROPERTY

SUBCHAPTER III - STATE HOME FACILITIES FOR FURNISHING DOMICILIARY,

NURSING HOME, AND HOSPITAL CARE

-HEAD-

Sec. 8137. State control of operations

-STATUTE-

Except as otherwise specifically provided, nothing in this

subchapter shall be construed as conferring on any Federal officer

or employee the right to exercise any supervision or control over

the administration, personnel, maintenance, or operation of any

State home for which facilities are constructed or acquired with

assistance received under this subchapter.

-SOURCE-

(Added Pub. L. 88-450, Sec. 4(a), Aug. 19, 1964, 78 Stat. 503, Sec.

5037; amended Pub. L. 98-528, title I, Sec. 105(5), Oct. 19, 1984,

98 Stat. 2690; renumbered Sec. 8137, Pub. L. 102-40, title IV, Sec.

402(b)(1), May 7, 1991, 105 Stat. 238.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-40 renumbered section 5037 of this title as

this section.

1984 - Pub. L. 98-528 inserted "or acquired" after "constructed".

-End-

-CITE-

38 USC SUBCHAPTER IV - SHARING OF MEDICAL FACILITIES,

EQUIPMENT, AND INFORMATION 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 81 - ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY

FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE

LEASES OF REAL PROPERTY

SUBCHAPTER IV - SHARING OF MEDICAL FACILITIES, EQUIPMENT, AND

INFORMATION

-HEAD-

SUBCHAPTER IV - SHARING OF MEDICAL FACILITIES, EQUIPMENT, AND

INFORMATION

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 8213 of this title;

title 25 section 1680f.

-End-

-CITE-

38 USC Sec. 8151 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 81 - ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY

FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE

LEASES OF REAL PROPERTY

SUBCHAPTER IV - SHARING OF MEDICAL FACILITIES, EQUIPMENT, AND

INFORMATION

-HEAD-

Sec. 8151. Statement of congressional purpose

-STATUTE-

It is the purpose of this subchapter to strengthen the medical

programs at Department facilities and improve the quality of health

care provided veterans under this title by authorizing the

Secretary to enter into agreements with health-care providers in

order to share health-care resources with, and receive health-care

resources from, such providers while ensuring no diminution of

services to veterans.

-SOURCE-

(Added Pub. L. 89-785, title II, Sec. 203, Nov. 7, 1966, 80 Stat.

1373, Sec. 5051; amended Pub. L. 101-366, title II, Sec. 202(a),

Aug. 15, 1990, 104 Stat. 438; renumbered Sec. 8151, Pub. L. 102-40,

title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L.

102-83, Sec. 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat.

404, 405; Pub. L. 103-210, Sec. 3(a), Dec. 20, 1993, 107 Stat.

2497; Pub. L. 104-262, title III, Sec. 301(a), Oct. 9, 1996, 110

Stat. 3191.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-262 amended section generally. Prior to

amendment, section read as follows: "It is the purpose of this

subchapter to improve the quality of hospital care and other

medical service provided veterans under this title, by authorizing

the Secretary to enter into agreements with medical schools,

health-care facilities, and research centers throughout the country

in order to receive from and share with such medical schools,

health-care facilities, and research centers the most advanced

medical techniques and information, as well as certain specialized

medical resources which otherwise might not be feasibly available

or to effectively utilize other medical resources with the

surrounding medical community, without diminution of services to

veterans. Among other things, it is intended, by these means, to

strengthen the medical programs at those Department hospitals which

are located in small cities or rural areas and thus are remote from

major medical centers. It is further the purpose of this subchapter

to improve the provision of care to veterans under this title by

authorizing the Secretary to enter into agreements with State

veterans facilities for the sharing of health-care resources."

1993 - Pub. L. 103-210 inserted at end "It is further the purpose

of this subchapter to improve the provision of care to veterans

under this title by authorizing the Secretary to enter into

agreements with State veterans facilities for the sharing of

health-care resources."

1991 - Pub. L. 102-40 renumbered section 5051 of this title as

this section.

Pub. L. 102-83 substituted "Secretary" for "Administrator" and

"Department" for "Veterans' Administration".

1990 - Pub. L. 101-366 substituted "health-care facilities," for

"hospitals," in two places.

-End-

-CITE-

38 USC Sec. 8152 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 81 - ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY

FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE

LEASES OF REAL PROPERTY

SUBCHAPTER IV - SHARING OF MEDICAL FACILITIES, EQUIPMENT, AND

INFORMATION

-HEAD-

Sec. 8152. Definitions

-STATUTE-

For the purposes of this subchapter -

(1) The term "health-care resource" includes hospital care and

medical services (as those terms are defined in section 1701 of

this title), services under sections 1782 and 1783 of this title,

any other health-care service, and any health-care support or

administrative resource.

(2) The term "health-care providers" includes health-care plans

and insurers and any organizations, institutions, or other

entities or individuals who furnish health-care resources.

(3) The term "hospital", unless otherwise specified, includes

any Federal, State, local, or other public or private hospital.

-SOURCE-

(Added Pub. L. 89-785, title II, Sec. 203, Nov. 7, 1966, 80 Stat.

1373, Sec. 5052; renumbered Sec. 8152, Pub. L. 102-40, title IV,

Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L. 102-54,

Sec. 14(f)(8), June 13, 1991, 105 Stat. 288; Pub. L. 103-210, Sec.

3(b), Dec. 20, 1993, 107 Stat. 2497; Pub. L. 104-262, title III,

Sec. 301(b), Oct. 9, 1996, 110 Stat. 3191; Pub. L. 107-135, title

II, Sec. 208(e)(8), Jan. 23, 2002, 115 Stat. 2464.)

-MISC1-

AMENDMENTS

2002 - Par. (1). Pub. L. 107-135 inserted "services under

sections 1782 and 1783 of this title," after "of this title),".

1996 - Pub. L. 104-262 added pars. (1) and (2), redesignated par.

(4) as (3), and struck out former pars. (1) to (3) which read as

follows:

"(1) The term 'research center' means an institution (or part of

an institution), the primary function of which is research,

training of specialists, and demonstrations and which, in

connection therewith, provides specialized, high quality diagnostic

and treatment services for inpatients and outpatients.

"(2) The term 'specialized medical resources' means medical

resources (whether equipment, space, or personnel) which, because

of cost, limited availability, or unusual nature, are either unique

in the medical community or are subject to maximum utilization only

through mutual use.

"(3) The term 'health-care resource' includes hospital care,

medical services, and rehabilitative services, as those terms are

defined in paragraphs (5), (6), and (8), respectively, of section

1701 of this title, any other health-care service, and any

health-care support or administrative resource."

1993 - Pars. (3), (4). Pub. L. 103-210 added par. (3) and

redesignated former par. (3) as (4).

1991 - Pub. L. 102-40 renumbered section 5052 of this title as

this section.

Pub. L. 102-54 amended section as in effect immediately before

the enactment of Pub. L. 102-40 by redesignating pars. (a), (b),

and (c) as pars. (1), (2), and (3), respectively, and by realigning

the margins.

-End-

-CITE-

38 USC Sec. 8153 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 81 - ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY

FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE

LEASES OF REAL PROPERTY

SUBCHAPTER IV - SHARING OF MEDICAL FACILITIES, EQUIPMENT, AND

INFORMATION

-HEAD-

Sec. 8153. Sharing of health-care resources

-STATUTE-

(a)(1) To secure health-care resources which otherwise might not

be feasibly available, or to effectively utilize certain other

health-care resources, the Secretary may, when the Secretary

determines it to be in the best interest of the prevailing

standards of the Department medical care program, make

arrangements, by contract or other form of agreement for the mutual

use, or exchange of use, of health-care resources between

Department health-care facilities and any health-care provider, or

other entity or individual.

(2) The Secretary may enter into a contract or other agreement

under paragraph (1) if such resources are not, or would not be,

used to their maximum effective capacity.

(3)(A) If the health-care resource required is a commercial

service, the use of medical equipment or space, or research, and is

to be acquired from an institution affiliated with the Department

in accordance with section 7302 of this title, including medical

practice groups and other entities associated with affiliated

institutions, blood banks, organ banks, or research centers, the

Secretary may make arrangements for acquisition of the resource

without regard to any law or regulation (including any Executive

order, circular, or other administrative policy) that would

otherwise require the use of competitive procedures for acquiring

the resource.

(B)(i) If the health-care resource required is a commercial

service or the use of medical equipment or space, and is not to be

acquired from an entity described in subparagraph (A), any

procurement of the resource may be conducted without regard to any

law or regulation that would otherwise require the use of

competitive procedures for procuring the resource, but only if the

procurement is conducted in accordance with the simplified

procedures prescribed pursuant to clause (ii).

(ii) The Secretary, in consultation with the Administrator for

Federal Procurement Policy, may prescribe simplified procedures for

the procurement of health-care resources under this subparagraph.

The Secretary shall publish such procedures for public comment in

accordance with section 22 of the Office of Federal Procurement

Policy Act (41 U.S.C. 418b). Such procedures shall permit all

responsible sources, as appropriate, to submit a bid, proposal, or

quotation (as appropriate) for the resources to be procured and

provide for the consideration by the Department of bids, proposals,

or quotations so submitted.

(iii) Pending publication of the procedures under clause (ii),

the Secretary shall (except as provided under subparagraph (A))

procure health-care resources referred to in clause (i) in

accordance with all procurement laws and regulations.

(C) Any procurement of health-care resources other than those

covered by subparagraph (A) or (B) shall be conducted in accordance

with all procurement laws and regulations.

(D) For any procurement to be conducted on a sole source basis

other than a procurement covered by subparagraph (A), a written

justification shall be prepared that includes the information and

is approved at the levels prescribed in section 303(f) of the

Federal Property and Administrative Services Act of 1949 (41 U.S.C.

253(f)).

(E) As used in this paragraph, the term "commercial service"

means a service that is offered and sold competitively in the

commercial marketplace, is performed under standard commercial

terms and conditions, and is procured using firm-fixed price

contracts.

(b) Arrangements entered into under this section shall provide

for payment to the Department in accordance with procedures that

provide appropriate flexibility to negotiate payment which is in

the best interest of the Government. Any proceeds to the Government

received therefrom shall be credited to the applicable Department

medical appropriation and to funds that have been allotted to the

facility that furnished the resource involved.

(c) Eligibility for hospital care and medical services furnished

any veteran pursuant to this section shall be subject to the same

terms as though provided in a Department health care facility, and

provisions of this title applicable to persons receiving hospital

care or medical services in a Department health care facility shall

apply to veterans treated under this section.

(d) When a Department health care facility provides hospital care

or medical services, pursuant to a contract or agreement authorized

by this section, to an individual who is not eligible for such care

or services under chapter 17 of this title and who is entitled to

hospital or medical insurance benefits under title XVIII of the

Social Security Act (42 U.S.C. 1395 et seq.), such benefits shall

be paid, notwithstanding any condition, limitation, or other

provision in that title which would otherwise preclude such payment

to such facility for such care or services or, if the contract or

agreement so provides, to the community health care facility which

is a party to the contract or agreement.

(e) The Secretary may make an arrangement that authorizes the

furnishing of services by the Secretary under this section to

individuals who are not veterans only if the Secretary determines -

(1) that veterans will receive priority under such an

arrangement; and

(2) that such an arrangement -

(A) is necessary to maintain an acceptable level and quality

of service to veterans at that facility; or

(B) will result in the improvement of services to eligible

veterans at that facility.

(f) Any amount received by the Secretary from a non-Federal

entity as payment for services provided by the Secretary during a

prior fiscal year under an agreement entered into under this

section may be obligated by the Secretary during the fiscal year in

which the Secretary receives the payment.

(g) The Secretary shall submit to the Congress not more than 60

days after the end of each fiscal year a report on the activities

carried out under this section. Each report shall include -

(1) an appraisal of the effectiveness of the activities

authorized in this section and the degree of cooperation from

other sources, financial and otherwise; and

(2) recommendations for the improvement or more effective

administration of such activities.

-SOURCE-

(Added Pub. L. 89-785, title II, Sec. 203, Nov. 7, 1966, 80 Stat.

1374, Sec. 5053; amended Pub. L. 91-496, Sec. 4, Oct. 22, 1970, 84

Stat. 1092; Pub. L. 93-82, title III, Sec. 303, Aug. 2, 1973, 87

Stat. 195; Pub. L. 94-581, title I, Sec. 115(a)(1), title II, Secs.

206(c), 210(e)(11), Oct. 21, 1976, 90 Stat. 2852, 2859, 2865; Pub.

L. 96-151, title III, Sec. 304, Dec. 20, 1979, 93 Stat. 1096; Pub.

L. 97-295, Sec. 4(95)(A), Oct. 12, 1982, 96 Stat. 1313; Pub. L.

98-160, title VII, Sec. 702(20), Nov. 21, 1983, 97 Stat. 1010; Pub.

L. 99-576, title II, Sec. 231(c)(1), Oct. 28, 1986, 100 Stat. 3264;

Pub. L. 101-366, title II, Sec. 202(b), Aug. 15, 1990, 104 Stat.

438; renumbered Sec. 8153, Pub. L. 102-40, title IV, Sec.

402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102-54, Sec.

14(f)(9), June 13, 1991, 105 Stat. 288; Pub. L. 102-83, Sec.

4(a)(3), (4), (b)(1), (2)(D), (E), Aug. 6, 1991, 105 Stat. 404,

405; Pub. L. 103-210, Sec. 3(c), Dec. 20, 1993, 107 Stat. 2498;

Pub. L. 104-262, title III, Sec. 301(c), (d)(1), Oct. 9, 1996, 110

Stat. 3191, 3193; Pub. L. 105-114, title IV, Sec. 402(d), (e), Nov.

21, 1997, 111 Stat. 2294; Pub. L. 106-419, title IV, Sec.

404(b)(2), Nov. 1, 2000, 114 Stat. 1866.)

-REFTEXT-

REFERENCES IN TEXT

The Social Security Act, referred to in subsec. (d), is act Aug.

14, 1935, ch. 531, 49 Stat. 620, as amended. Title XVIII of the

Social Security Act is classified generally to subchapter XVIII

(Sec. 1395 et seq.) of chapter 7 of Title 42, The Public Health and

Welfare. For complete classification of this Act to the Code, see

section 1305 of Title 42 and Tables.

-MISC1-

AMENDMENTS

2000 - Subsec. (a)(3)(B)(ii). Pub. L. 106-419 amended directory

language of Pub. L. 105-114, Sec. 402(e). See 1997 Amendment note

below.

1997 - Subsec. (a)(3)(A). Pub. L. 105-114, Sec. 402(d), inserted

"(including any Executive order, circular, or other administrative

policy)" after "law or regulation".

Subsec. (a)(3)(B)(ii). Pub. L. 105-114, Sec. 402(e), as amended

by Pub. L. 106-419, inserted ", as appropriate," after "all

responsible sources" in third sentence.

1996 - Pub. L. 104-262, Sec. 301(d)(1), substituted "Sharing of

health-care resources" for "Specialized medical resources" in

section catchline.

Subsec. (a)(1). Pub. L. 104-262, Sec. 301(c)(1)(A), substituted

"health-care resources" for "certain specialized medical

resources", "other health-care resources" for "other medical

resources", and "of health-care resources between Department

health-care facilities and any health-care provider, or other

entity or individual" for "of -

"(A) specialized medical resources between Department

health-care facilities and other health-care facilities

(including organ banks, blood banks, or similar institutions),

research centers, or medical schools; and

"(B) health-care resources between Department health-care

facilities and State home facilities recognized under section

1742(a) of this title".

Subsec. (a)(2). Pub. L. 104-262, Sec. 301(c)(1)(B), substituted

"if such resources are not, or would not be," for "only if (A) such

an agreement will obviate the need for a similar resource to be

provided in a Department health care facility, or (B) the

Department resources which are the subject of the agreement and

which have been justified on the basis of veterans' care are not".

Subsec. (a)(3). Pub. L. 104-262, Sec. 301(c)(1)(C), added par.

(3).

Subsec. (b). Pub. L. 104-262, Sec. 301(c)(2), substituted

"payment to the Department in accordance with procedures that

provide appropriate flexibility to negotiate payment which is in

the best interest of the Government." for "reciprocal reimbursement

based on a methodology that provides appropriate flexibility to the

heads of the facilities concerned to establish an appropriate

reimbursement rate after taking into account local conditions and

needs and the actual costs to the providing facility of the

resource involved."

Subsec. (d). Pub. L. 104-262, Sec. 301(c)(3), substituted

"preclude such payment to such facility for such care or services"

for "preclude such payment, in accordance with -

"(1) rates prescribed by the Secretary of Health and Human

Services, after consultation with the Secretary, and

"(2) procedures jointly prescribed by the two Secretaries to

assure reasonable quality of care and services and efficient and

economical utilization of resources,

to such facility therefor".

Subsecs. (e) to (g). Pub. L. 104-262, Sec. 301(c)(4), added

subsecs. (e) and (f) and redesignated former subsec. (e) as (g).

1993 - Subsec. (a). Pub. L. 103-210 designated existing

provisions as par. (1) and substituted "other form of agreement for

the mutual use, or exchange of use, of - " along with subpars. (A)

and (B) and par. (2), for "other form of agreement, as set forth in

clauses (1) and (2) below, between Department health-care

facilities and other health-care facilities (including organ banks,

blood banks, or similar institutions), research centers, or medical

schools:

"(1) for the mutual use, or exchange of use, of specialized

medical resources when such an agreement will obviate the need

for a similar resource to be provided in a Department health care

facility; or

"(2) for the mutual use, or exchange of use, of specialized

medical resources in a Department health care facility, which

have been justified on the basis of veterans' care, but which are

not utilized to their maximum effective capacity."

1991 - Pub. L. 102-40 renumbered section 5053 of this title as

this section.

Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator" in two places in introductory

provisions.

Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for

"Veterans' Administration" wherever appearing.

Subsec. (b). Pub. L. 102-83, Sec. 4(a)(3), (4), substituted

"Department" for "Veterans' Administration".

Subsec. (c). Pub. L. 102-83, Sec. 4(a)(3), (4), substituted

"Department" for "Veterans' Administration" in two places.

Pub. L. 102-54 amended subsec. (c) as in effect immediately

before the enactment of Pub. L. 102-40 by substituting "under this

section" for "hereunder".

Subsec. (d). Pub. L. 102-83, Sec. 4(a)(3), (4), substituted

"Department" for "Veterans' Administration" in introductory

provisions.

Subsec. (d)(1). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator".

Subsec. (d)(2). Pub. L. 102-83, Sec. 4(b)(2)(D), substituted "the

two Secretaries" for "the Secretary and the Administrator".

Subsec. (e). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator" in introductory provisions.

1990 - Subsec. (a). Pub. L. 101-366, Sec. 202(b)(1), substituted

"health-care facilities and other health-care facilities (including

organ banks, blood banks, or similar institutions), research

centers, or medical schools" for "hospitals and other hospitals (or

other medical installations having hospital facilities or organ

banks, blood banks, or similar institutions) or medical schools or

clinics in the medical community" and struck out at end "The

Administrator may determine the geographical limitations of a

medical community as used in this section."

Subsec. (b). Pub. L. 101-366, Sec. 202(b)(2), substituted in

first sentence "a methodology that provides appropriate flexibility

to the heads of the facilities concerned to establish an

appropriate reimbursement rate after taking into account local

conditions and needs and the actual costs to the providing facility

of the resource involved." for "a charge which covers the full cost

of services rendered, supplies used, and including normal

depreciation and amortization costs of equipment." and inserted

before period at end of second sentence "and to funds that have

been allotted to the facility that furnished the resource

involved".

1986 - Subsec. (e). Pub. L. 99-576 added subsec. (e).

1983 - Subsec. (d). Pub. L. 98-160 substituted "title XVIII of

the Social Security Act (42 U.S.C. 1395 et seq.)" for "subchapter

XVIII of chapter 7 of title 42".

1982 - Subsec. (d)(1). Pub. L. 97-295 substituted "Health and

Human Services" for "Health, Education, and Welfare".

1979 - Subsec. (a). Pub. L. 96-151 inserted provisions relating

to applicability to organ banks, blood banks, or similar

institutions.

1976 - Subsec. (a). Pub. L. 94-581, Secs. 206(c), 210(e)(11),

substituted "when the Administrator determines" for "when he

determines" and "clauses" for "paragraphs" in provisions preceding

cl. (1), and inserted "health care" after "Veterans'

Administration" in cls. (1) and (2).

Subsec. (c). Pub. L. 94-581, Sec. 206(c)(2), inserted "health

care" after "Veterans' Administration" in two places.

Subsec. (d). Pub. L. 94-581, Sec. 115(a)(1), inserted subsec.

(d).

1973 - Subsec. (a). Pub. L. 93-82 struck out "or medical schools"

from parenthetical and inserted "or medical schools or clinics"

after parenthetical.

1970 - Subsec. (a)(1). Pub. L. 91-496 substituted "for the mutual

use, or exchange of use," for "for the exchange of use".

EFFECTIVE DATE OF 2000 AMENDMENT

Pub. L. 106-419, title IV, Sec. 404(b)(2), Nov. 1, 2000, 114

Stat. 1866, provided that the amendment made by section 404(b)(2)

is effective Nov. 21, 1997, and as if included in Pub. L. 105-114

as originally enacted.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-581 effective Oct. 21, 1976, see section

211 of Pub. L. 94-581, set out as a note under section 111 of this

title.

EFFECTIVE DATE OF 1973 AMENDMENT

Amendment by Pub. L. 93-82 effective Sept. 1, 1973, see section

501 of Pub. L. 93-82, set out as a note under section 1701 of this

title.

REPORT TO CONGRESS ON RATES AND PROCEDURES COVERING PAYMENT OF

BENEFITS FOR CARE OR SERVICES PROVIDED IN VETERANS' ADMINISTRATION

HEALTH CARE FACILITIES TO INDIVIDUALS NOT ELIGIBLE FOR VETERANS'

HOSPITAL, NURSING HOME, DOMICILIARY, OR MEDICAL CARE

Section 115(c) of Pub. L. 94-581 provided that at such time as

the rates and procedures described in subsec. (d) of this section

were prescribed, the Secretary of Health, Education, and Welfare

[now Secretary of Health and Human Services], in consultation with

the Administrator of Veterans' Affairs, was to submit to the

Committee on Ways and Means and the Committee on Veterans' Affairs

of the House of Representatives and to the Committee on Finance and

the Committee on Veterans' Affairs of the Senate a full report

describing such rates and procedures.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 8107, 8157, 8158 of this

title.

-End-

-CITE-

38 USC Sec. 8154 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 81 - ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY

FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE

LEASES OF REAL PROPERTY

SUBCHAPTER IV - SHARING OF MEDICAL FACILITIES, EQUIPMENT, AND

INFORMATION

-HEAD-

Sec. 8154. Exchange of medical information

-STATUTE-

(a) The Secretary is authorized to enter into agreements with

medical schools, hospitals, research centers, and individual

members of the medical profession under which medical information

and techniques will be freely exchanged and the medical information

services of all parties to the agreement will be available for use

by any party to the agreement under conditions specified in the

agreement. In carrying out the purposes of this section, the

Secretary shall utilize recent developments in electronic equipment

to provide a close educational, scientific, and professional link

between Department hospitals and major medical centers. Such

agreements shall be utilized by the Secretary to the maximum extent

practicable to create, at each Department hospital which is a part

of any such agreement, an environment of academic medicine which

will help such hospital attract and retain highly trained and

qualified members of the medical profession.

(b) In order to bring about utilization of all medical

information in the surrounding medical community, particularly in

remote areas, and to foster and encourage the widest possible

cooperation and consultation among all members of the medical

profession in such community, the educational facilities and

programs established at Department hospitals and the electronic

link to medical centers shall be made available for use by the

surrounding medical community (including State home facilities

furnishing domiciliary, nursing home, or hospital care to

veterans). The Secretary may charge a fee for such services (on

annual or like basis) at rates which the Secretary determines,

after appropriate study, to be fair and equitable. The financial

status of any user of such services shall be taken into

consideration by the Secretary in establishing the amount of the

fee to be paid. Any proceeds to the Government received therefrom

shall be credited to the applicable Department medical

appropriation.

(c) The Secretary is authorized to enter into agreements with

public and nonprofit private institutions, organizations,

corporations, and other entities in order to participate in

cooperative health-care personnel education programs within the

geographical area of any Department health-care facility located in

an area remote from major academic health centers.

-SOURCE-

(Added Pub. L. 89-785, title II, Sec. 203, Nov. 7, 1966, 80 Stat.

1374, Sec. 5054; amended Pub. L. 94-424, Sec. 1(1), Sept. 28, 1976,

90 Stat. 1332; Pub. L. 94-581, title II, Secs. 206(d), 210(e)(12),

Oct. 21, 1976, 90 Stat. 2859, 2865; Pub. L. 96-151, title I, Sec.

102(a), Dec. 20, 1979, 93 Stat. 1092; Pub. L. 97-251, Sec. 9, Sept.

8, 1982, 96 Stat. 716; renumbered Sec. 8154, Pub. L. 102-40, title

IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102-83,

Sec. 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404,

405.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-40 renumbered section 5054 of this title as

this section.

Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for

"Administrator" wherever appearing.

Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for

"Veterans' Administration" wherever appearing.

1982 - Subsec. (b). Pub. L. 97-251 inserted "(including State

home facilities furnishing domiciliary, nursing home, or hospital

care to veterans)" after "by the surrounding medical community".

1979 - Subsec. (c). Pub. L. 96-151 added subsec. (c).

1976 - Subsec. (b). Pub. L. 94-581 substituted "by the

surrounding" for "by surrounding" and "which the Administrator

determines" for "which he determines".

Pub. L. 94-424 inserted provision that any proceeds to the

Government received therefrom shall be credited to the applicable

Veterans' Administration medical appropriation.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-581 effective Oct. 21, 1976, see section

211 of Pub. L. 94-581, set out as a note under section 111 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7302, 8155 of this title.

-End-

-CITE-

38 USC Sec. 8155 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 81 - ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY

FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE

LEASES OF REAL PROPERTY

SUBCHAPTER IV - SHARING OF MEDICAL FACILITIES, EQUIPMENT, AND

INFORMATION

-HEAD-

Sec. 8155. Pilot programs; grants to medical schools

-STATUTE-

(a) The Secretary may establish an Advisory Subcommittee on

Programs for Exchange of Medical Information, of the Special

Medical Advisory Group, established under section 7312 of this

title, to advise the Secretary on matters regarding the

administration of this section and to coordinate these functions

with other research and education programs in the Department of

Medicine and Surgery. The Assistant Under Secretary for Health

charged with administration of the Department of Medicine and

Surgery medical research program shall be an ex officio member of

this Subcommittee.

(b) The Secretary, upon the recommendation of the Subcommittee,

is authorized to make grants to medical schools, hospitals, and

research centers to assist such medical schools, hospitals, and

research centers in planning and carrying out agreements authorized

by section 8154 of this title. Such grants may be used for the

employment of personnel, the construction of facilities, the

purchasing of equipment when necessary to implement such programs,

and for such other purposes as will facilitate the administration

of this section.

(c)(1) There is hereby authorized to be appropriated an amount

not to exceed $3,500,000 for fiscal year 1976; $1,700,000 for the

period beginning July 1, 1976, and ending September 30, 1976;

$4,000,000 for fiscal year 1977; $4,000,000 for fiscal year 1978;

and $4,000,000 for fiscal year 1979 and for each of the three

succeeding fiscal years, for the purpose of developing and carrying

out medical information programs under this section on a pilot

program basis and for the grants authority in subsection (b) of

this section. Pilot programs authorized by this subsection shall be

carried out at Department hospitals in geographically dispersed

areas of the United States.

(2) Funds authorized under this section shall not be available to

pay the cost of hospital, medical, or other care of patients except

to the extent that such cost is determined by the Secretary to be

incident to research, training, or demonstration activities carried

out under this section.

(d) The Secretary, after consultation with the Subcommittee shall

prescribe regulations covering the terms and conditions for making

grants under this section.

(e) Each recipient of a grant under this section shall keep such

records as the Secretary may prescribe, including records which

fully disclose the amount and disposition by such recipient of the

proceeds of such grant, the total cost of the project or

undertaking in connection with which such grant is made or used,

and the amount of that portion of the cost of the project or

undertaking supplied by other sources, and such records as will

facilitate an effective audit.

(f) The Secretary and the Comptroller General of the United

States, or any of their duly authorized representatives, shall have

access, for the purpose of audit and examination, to any books,

documents, papers, and records of the recipient of any grant under

this section which are pertinent to any such grant.

-SOURCE-

(Added Pub. L. 89-785, title II, Sec. 203, Nov. 7, 1966, 80 Stat.

1375, Sec. 5055; amended Pub. L. 92-69, Aug. 6, 1971, 85 Stat. 178;

Pub. L. 94-424, Sec. 1(2), Sept. 28, 1976, 90 Stat. 1332; Pub. L.

94-581, title II, Secs. 206(e), 210(e)(13), Oct. 21, 1976, 90 Stat.

2859, 2865; Pub. L. 96-151, title I, Sec. 102(b), Dec. 20, 1979, 93

Stat. 1092; renumbered Sec. 8155 and amended Pub. L. 102-40, title

IV, Sec. 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub.

L. 102-83, Sec. 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105

Stat. 404, 405; Pub. L. 102-405, title III, Sec. 302(c)(1), Oct. 9,

1992, 106 Stat. 1984; Pub. L. 103-446, title XII, Sec. 1201(d)(19),

Nov. 2, 1994, 108 Stat. 4684.)

-MISC1-

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-446 substituted "section 7312"

for "section 4112".

1992 - Subsec. (a). Pub. L. 102-405 substituted "Under Secretary

for Health" for "Chief Medical Director".

1991 - Pub. L. 102-40, Sec. 402(b)(1), renumbered section 5055 of

this title as this section.

Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator" in two places.

Subsec. (b). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator".

Pub. L. 102-40, Sec. 402(d)(1), substituted "8154" for "5054".

Subsec. (c)(1). Pub. L. 102-83, Sec. 4(a)(3), (4), substituted

"Department" for "Veterans' Administration".

Subsecs. (c)(2), (d) to (f). Pub. L. 102-83, Sec. 4(b)(1),

(2)(E), substituted "Secretary" for "Administrator".

1979 - Subsec. (c)(1). Pub. L. 96-151 inserted authorization for

the three succeeding fiscal years after fiscal year 1979.

1976 - Subsec. (a). Pub. L. 94-581 substituted "advise the

Administrator" for "advise him" and "Assistant Chief Medical

Director charged with administration of the Department of Medicine

and Surgery medical research program" for "Assistant Chief Medical

Director for Research and Education in Medicine".

Subsec. (c)(1). Pub. L. 94-424 substituted provisions authorizing

appropriations of $3,500,000 for fiscal year 1976; $1,700,000 for

the period beginning July 1, 1976, and ending Sept. 30, 1976;

$4,000,000 for fiscal year 1977; $4,000,000 for fiscal year 1978;

and $4,000,000 for fiscal year 1979 for provisions authorizing

appropriations of $3,000,000 for each fiscal year 1968 through

1971, and such sums as may be necessary for each fiscal year 1972

through 1975.

1971 - Subsec. (c)(1). Pub. L. 92-69 substituted provisions

authorizing appropriations of amounts up to $3,000,000 for each

fiscal year 1968 through 1971, and such sums as may be necessary

for each fiscal year 1972 through 1975, for provisions authorizing

appropriations of amounts up to $3,000,000 for each of the first

four fiscal years following fiscal year in which this subchapter

was enacted.

-CHANGE-

CHANGE OF NAME

Reference to Veterans Health Services and Research Administration

(or to Department of Medicine and Surgery of the Veterans'

Administration) deemed to refer to Veterans Health Administration

pursuant to section 2 of Pub. L. 102-40, set out as a Renaming of

Veterans Health Services and Research Administration note under

section 301 of this title.

Reference to Department of Medicine and Surgery deemed to refer

to Veterans Health Services and Research Administration of the

Department of Veterans Affairs, pursuant to section 10 of Pub. L.

100-527, set out as a Department of Veterans Affairs Act note under

section 301 of this title.

-MISC2-

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-581 effective Oct. 21, 1976, see section

211 of Pub. L. 94-581, set out as a note under section 111 of this

title.

TERMINATION OF ADVISORY COUNCILS

Advisory councils in existence on Jan. 5, 1973, to terminate not

later than the expiration of the 2-year period following Jan. 5,

1973, unless, in the case of a committee established by the

President or an officer of the Federal Government, such council is

renewed by appropriate action prior to the expiration of such

2-year period, or in the case of a council established by the

Congress, its duration is otherwise provided by law. Advisory

councils established after Jan. 5, 1973, to terminate not later

than the expiration of the 2-year period beginning on the date of

their establishment, unless, in the case of a council established

by the President or an officer of the Federal Government, such

council is renewed by appropriate action prior to the expiration of

such 2-year period, or in the case of a council established by the

Congress, its duration is otherwise provided for by law. See

sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770,

776, set out in the Appendix to Title 5, Government Organization

and Employees.

-End-

-CITE-

38 USC Sec. 8156 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 81 - ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY

FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE

LEASES OF REAL PROPERTY

SUBCHAPTER IV - SHARING OF MEDICAL FACILITIES, EQUIPMENT, AND

INFORMATION

-HEAD-

Sec. 8156. Coordination with health services development activities

carried out under the National Health Planning and Resources

Development Act of 1974

-STATUTE-

The Secretary and the Secretary of Health and Human Services

shall, to the maximum extent practicable, coordinate programs

carried out under this subchapter and programs carried out under

part F of title XVI of the Public Health Service Act (42 U.S.C.

300t et seq.).

-SOURCE-

(Added Pub. L. 89-785, title II, Sec. 203, Nov. 7, 1966, 80 Stat.

1375, Sec. 5056; amended Pub. L. 94-581, title I, Sec. 115(a)(2),

Oct. 21, 1976, 90 Stat. 2853; Pub. L. 97-295, Sec. 4(93), (95)(A),

Oct. 12, 1982, 96 Stat. 1313; renumbered Sec. 8156, Pub. L. 102-40,

title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L.

102-83, Sec. 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)

-REFTEXT-

REFERENCES IN TEXT

The National Health Planning and Resources Development Act of

1974, referred to in section catchline, is Pub. L. 93-641, Jan. 4,

1975, 88 Stat. 2225, as amended, which is classified generally to

subchapters XIII (Sec. 300k et seq.) and XIV (Sec. 300o et seq.) of

chapter 6A of Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see Short Title of 1975

Amendment note set out under section 201 of Title 42 and Tables.

The Public Health Service Act, referred to in text, is act July

1, 1944, ch. 373, 58 Stat. 682, as amended. Part F of title XVI of

the Public Health Service Act was added by act Jan. 4, 1975, Pub.

L. 93-641, Sec. 4, 88 Stat. 2273, and was redesignated as Part D by

Pub. L. 96-79, title II, Sec. 202(a), Oct. 4, 1979, 93 Stat. 632.

Part D of that Act is classified generally to Part D (Sec. 300t) of

subchapter XIV of chapter 6A of Title 42. For complete

classification of this Act to the Code, see Short Title note set

out under section 201 of Title 42 and Tables.

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-40 renumbered section 5056 of this title as

this section.

Pub. L. 102-83 substituted "The Secretary" for "The

Administrator".

1982 - Pub. L. 97-295, Sec. 4(95)(A), substituted "Health and

Human Services" for "Health, Education, and Welfare".

Pub. L. 97-295, Sec. 4(93), inserted "(42 U.S.C. 300t et seq.)"

after "part F of title XVI of the Public Health Service Act".

1976 - Pub. L. 94-581 substituted "health services development

activities carried out under the National Health Planning and

Resources Development Act of 1974" for "programs carried out under

the Heart Disease, Cancer, and Stroke Amendments of 1965" in

section catchline and "part F of title XVI" for "title IX" in text.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-581 effective Oct. 21, 1976, see section

211 of Pub. L. 94-581, set out as a note under section 111 of this

title.

-End-

-CITE-

38 USC Sec. 8157 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 81 - ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY

FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE

LEASES OF REAL PROPERTY

SUBCHAPTER IV - SHARING OF MEDICAL FACILITIES, EQUIPMENT, AND

INFORMATION

-HEAD-

Sec. 8157. Joint title to medical equipment

-STATUTE-

(a) Subject to subsection (b), the Secretary may enter into

agreements with institutions described in section 8153(a) of this

title for the joint acquisition of medical equipment.

(b)(1) The Secretary may not pay more than one-half of the

purchase price of equipment acquired through an agreement under

subsection (a).

(2) Any equipment to be procured under such an agreement shall be

procured by the Secretary. Title to such equipment shall be held

jointly by the United States and the institution.

(3) Before equipment acquired under such an agreement may be

used, the parties to the agreement shall arrange by contract under

section 8153 of this title for the exchange or use of the

equipment.

(4) The Secretary may not contract for the acquisition of medical

equipment to be purchased jointly under an agreement under

subsection (a) until the institution which enters into the

agreement provides to the Secretary its share of the purchase price

of the medical equipment.

(c)(1) Notwithstanding any other provision of law, the Secretary

may transfer the interest of the Department in equipment acquired

through an agreement under subsection (a) to the institution which

holds joint title to the equipment if the Secretary determines that

the transfer would be justified by compelling clinical

considerations or the economic interest of the Department. Any such

transfer may only be made upon agreement by the institution to pay

to the Department the amount equal to one-half of the depreciated

purchase price of the equipment. Any such payment when received

shall be credited to the applicable Department medical

appropriation.

(2) Notwithstanding any other provision of law, the Secretary may

acquire the interest of an institution in equipment acquired under

subsection (a) if the Secretary determines that the acquisition

would be justified by compelling clinical considerations or the

economic interests of the Department. The Secretary may not pay

more than one-half the depreciated purchase price of that

equipment.

-SOURCE-

(Added Pub. L. 102-405, title I, Sec. 103(a)(1), Oct. 9, 1992, 106

Stat. 1973.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8158 of this title.

-End-

-CITE-

38 USC Sec. 8158 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 81 - ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY

FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE

LEASES OF REAL PROPERTY

SUBCHAPTER IV - SHARING OF MEDICAL FACILITIES, EQUIPMENT, AND

INFORMATION

-HEAD-

Sec. 8158. Deposit in escrow

-STATUTE-

(a) To facilitate the procurement of medical equipment pursuant

to section 8157 of this title, the Secretary may enter into escrow

agreements with institutions described in section 8153(a) of this

title. Any such agreement shall provide that -

(1) the institutions shall pay to the Secretary the funds

necessary to make a payment under section 8157(b)(4) of this

title;

(2) the Secretary, as escrow agent, shall administer those

funds in an escrow account; and

(3) the Secretary shall disburse the escrowed funds to pay for

such equipment upon its delivery or in accordance with the

contract to procure the equipment and shall disburse all accrued

interest or other earnings on the escrowed funds to the

institution.

(b) As escrow agent for funds placed in escrow pursuant to an

agreement under subsection (a), the Secretary may -

(1) invest the escrowed funds in obligations of the Federal

Government or obligations which are insured or guaranteed by the

Federal Government;

(2) retain in the escrow account interest or other earnings on

such investments;

(3) disburse the funds pursuant to the escrow agreement; and

(4) return undisbursed funds to the institution.

(c)(1) If the Secretary enters into an escrow agreement under

this section, the Secretary may enter into an agreement to procure

medical equipment if one-half the purchase price of the equipment

is available in an appropriation or fund for the expenditure or

obligation.

(2) Funds held in an escrow account under this section shall not

be considered to be public funds.

-SOURCE-

(Added Pub. L. 102-405, title I, Sec. 103(a)(1), Oct. 9, 1992, 106

Stat. 1974.)

-End-

-CITE-

38 USC SUBCHAPTER V - ENHANCED-USE LEASES OF REAL

PROPERTY 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 81 - ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY

FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE

LEASES OF REAL PROPERTY

SUBCHAPTER V - ENHANCED-USE LEASES OF REAL PROPERTY

-HEAD-

SUBCHAPTER V - ENHANCED-USE LEASES OF REAL PROPERTY

-End-

-CITE-

38 USC Sec. 8161 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 81 - ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY

FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE

LEASES OF REAL PROPERTY

SUBCHAPTER V - ENHANCED-USE LEASES OF REAL PROPERTY

-HEAD-

Sec. 8161. Definitions

-STATUTE-

For the purposes of this subchapter:

(1) The term "enhanced-use lease" means a written lease entered

into by the Secretary under this subchapter.

(2) The term "congressional veterans' affairs committees" means

the Committees on Veterans' Affairs of the Senate and the House

of Representatives.

-SOURCE-

(Added Pub. L. 102-86, title IV, Sec. 401(a), Aug. 14, 1991, 105

Stat. 417.)

-MISC1-

TRAINING AND OUTREACH REGARDING AUTHORITY

Pub. L. 106-117, title II, Sec. 208(f), Nov. 30, 1999, 113 Stat.

1568, provided that: "The Secretary [of Veterans Affairs] shall

take appropriate actions to provide training and outreach to

personnel at Department [of Veterans Affairs] medical centers

regarding the enhanced-use lease authority under subchapter V of

chapter 81 of title 38, United States Code. The training and

outreach shall address methods of approaching potential lessees in

the medical or commercial sectors regarding the possibility of

entering into leases under that authority and other appropriate

matters."

INDEPENDENT ANALYSIS OF OPPORTUNITIES FOR USE OF AUTHORITY

Pub. L. 106-117, title II, Sec. 208(g), Nov. 30, 1999, 113 Stat.

1568, provided that:

"(1) The Secretary [of Veterans Affairs] shall take appropriate

actions to secure from an appropriate entity (or entities)

independent of the Department [of Veterans Affairs] an analysis (or

analyses) of opportunities for the use of the enhanced-use lease

authority under subchapter V of chapter 81 of title 38, United

States Code.

"(2) An analysis under paragraph (1) shall include -

"(A) a survey of facilities of the Department for purposes of

identifying Department property that presents an opportunity for

lease under the enhanced-use lease authority;

"(B) an assessment of the feasibility of entering into

enhanced-use leases under that authority in the case of any

property identified under subparagraph (A) as presenting an

opportunity for such lease; and

"(C) an assessment of the resources required at the Department

facilities concerned, and at the Department Central Office, in

order to facilitate the entering into of enhanced-used leases in

the case of property so identified.

"(3) If as a result of a survey under paragraph (2)(A) an entity

carrying out an analysis under this subsection determines that a

particular Department property presents no opportunities for lease

under the enhanced-use lease authority, the analysis shall include

the entity's explanation of that determination.

"(4) If as a result of such a survey an entity carrying out an

analysis under this subsection determines that certain Department

property presents an opportunity for lease under the enhanced-use

lease authority, the analysis shall include a single integrated

business plan, developed by the entity, that addresses the strategy

and resources necessary to implement the plan for all property

determined to present an opportunity for such lease."

ENHANCED USE LEASES

Pub. L. 104-110, title II, Sec. 202(c), Feb. 13, 1996, 110 Stat.

771, provided that: "The Secretary shall submit to Congress, not

later than March 31, 1997, a report evaluating the operation of the

program under subchapter V of chapter 81 of title 38, United States

Code."

-End-

-CITE-

38 USC Sec. 8162 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 81 - ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY

FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE

LEASES OF REAL PROPERTY

SUBCHAPTER V - ENHANCED-USE LEASES OF REAL PROPERTY

-HEAD-

Sec. 8162. Enhanced-use leases

-STATUTE-

(a)(1) The Secretary may in accordance with this subchapter enter

into leases with respect to real property that is under the

jurisdiction or control of the Secretary. Any such lease under this

subchapter may be referred to as an "enhanced-use lease". The

Secretary may dispose of any such property that is leased to

another party under this subchapter in accordance with section 8164

of this title. The Secretary may exercise the authority provided by

this subchapter notwithstanding section 8122 of this title,

subchapter II of chapter 5 of title 40, sections 541-555 and 1302

of title 40, or any other provision of law (other than Federal laws

relating to environmental and historic preservation) inconsistent

with this section. The applicability of this subchapter to section

421(b) of the Veterans' Benefits and Services Act of 1988 (Public

Law 100-322; 102 Stat. 553) is covered by subsection (c).

(2) The Secretary may enter into an enhanced-use lease only if -

(A) the Secretary determines that -

(i) at least part of the use of the property under the lease

will be to provide appropriate space for an activity

contributing to the mission of the Department;

(ii) the lease will not be inconsistent with and will not

adversely affect the mission of the Department; and

(iii) the lease will enhance the use of the property; or

(B) the Secretary determines that the implementation of a

business plan proposed by the Under Secretary for Health for

applying the consideration under such a lease to the provision of

medical care and services would result in a demonstrable

improvement of services to eligible veterans in the geographic

service-delivery area within which the property is located.

(3) The provisions of sections 3141-3144, 3146, and 3147 of title

40, shall not, by reason of this section, become inapplicable to

property that is leased to another party under an enhanced-use

lease.

(4) A property that is leased to another party under an

enhanced-use lease may not be considered to be unutilized or

underutilized for purposes of section 501 of the McKinney-Vento

Homeless Assistance Act (42 U.S.C. 11411).

(b)(1)(A) If the Secretary has determined that a property should

be leased to another party through an enhanced-use lease, the

Secretary shall select the party with whom the lease will be

entered into using selection procedures determined by the Secretary

that ensure the integrity of the selection process.

(B) In the case of a property that the Secretary determines is

appropriate for use as a facility to furnish services to homeless

veterans under chapter 20 of this title, the Secretary may enter

into an enhanced-use lease with a provider of homeless services

without regard to the selection procedures required under

subparagraph (A).

(2) The term of an enhanced-use lease may not exceed 75 years.

(3)(A) Each enhanced-use lease shall be for fair consideration,

as determined by the Secretary. Consideration under such a lease

may be provided in whole or in part through consideration in-kind.

(B) Consideration in-kind may include provision of goods or

services of benefit to the Department, including construction,

repair, remodeling, or other physical improvements of Department

facilities, maintenance of Department facilities, or the provision

of office, storage, or other usable space.

(4) The terms of an enhanced-use lease may provide for the

Secretary to -

(A) obtain facilities, space, or services on the leased

property; and

(B) use minor construction funds for capital contribution

payments.

(c)(1) Subject to paragraph (2), the entering into an

enhanced-use lease covering any land or improvement described in

section 421(b)(2) of the Veterans' Benefits and Services Act of

1988 (Public Law 100-322; 102 Stat. 553) shall be considered to be

prohibited by that section unless specifically authorized by law.

(2) The entering into an enhanced-use lease by the Secretary

covering any land or improvement described in such section

421(b)(2) shall not be considered to be prohibited under that

section if under the lease -

(A) the designated property is to be used only for child-care

services;

(B) those services are to be provided only for the benefit of -

(i) employees of the Department;

(ii) individuals employed on the premises of such property;

and

(iii) employees of a health-personnel educational institution

that is affiliated with a Department facility;

(C) over one-half of the employees benefited by the child-care

services provided are required to be employees of the Department;

and

(D) over one-half of the children to whom child-care services

are provided are required to be children of employees of the

Department.

-SOURCE-

(Added Pub. L. 102-86, title IV, Sec. 401(a), Aug. 14, 1991, 105

Stat. 417; amended Pub. L. 106-117, title II, Sec. 208(a), (b),

Nov. 30, 1999, 113 Stat. 1567; Pub. L. 106-400, Sec. 2, Oct. 30,

2000, 114 Stat. 1675; Pub. L. 107-95, Sec. 10(b), Dec. 21, 2001,

115 Stat. 920; Pub. L. 107-217, Sec. 3(j)(5), Aug. 21, 2002, 116

Stat. 1300.)

-REFTEXT-

REFERENCES IN TEXT

Section 421(b) of the Veterans' Benefits and Services Act of

1988, referred to in subsecs. (a)(1) and (c), is section 421(b) of

Pub. L. 100-322, title IV, May 20, 1988, 102 Stat. 553, which is

not classified to the Code.

-MISC1-

AMENDMENTS

2002 - Subsec. (a)(1). Pub. L. 107-217, Sec. 3(j)(5)(A),

substituted "subchapter II of chapter 5 of title 40, sections

541-555 and 1302 of title 40" for "section 321 of the Act of June

30, 1932 (40 U.S.C. 303b), sections 202 and 203 of the Federal

Property and Administrative Services Act of 1949 (40 U.S.C. 483,

484)".

Subsec. (a)(3). Pub. L. 107-217, Sec. 3(j)(5)(B), substituted

"sections 3141-3144, 3146, and 3147 of title 40" for "the Act of

March 3, 1931 (40 U.S.C. 276a et seq.)".

2001 - Subsec. (b)(1). Pub. L. 107-95 designated existing

provisions as subpar. (A) and added subpar. (B).

2000 - Subsec. (a)(4). Pub. L. 106-400 substituted

"McKinney-Vento Homeless Assistance Act" for "Stewart B. McKinney

Homeless Assistance Act".

1999 - Subsec. (a)(2). Pub. L. 106-117, Sec. 208(a), inserted

subpar. (A) designation before "the Secretary", redesignated

subpars. (A) to (C) as cls. (i) to (iii), respectively, and

realigned the margins, substituted "; or" for period at end of cl.

(iii), and added subpar. (B).

Subsec. (b)(2). Pub. L. 106-117, Sec. 208(b)(1), substituted "may

not exceed 75 years." for "may not exceed - "

"(A) 35 years, in the case of a lease involving the

construction of a new building or the substantial rehabilitation

of an existing building, as determined by the Secretary; or

"(B) 20 years, in the case of a lease not described in

subparagraph (A)."

Subsec. (b)(4). Pub. L. 106-117, Sec. 208(b)(2), added par. (4)

and struck out former par. (4) which read as follows: "Any payment

by the Secretary for the use of space or services by the Department

on property that has been leased under this subchapter may only be

made from funds appropriated to the Department for the activity

that uses the space or services. No other such payment may be made

by the Secretary to a lessee under an enhanced-use lease unless the

authority to make the payment is provided in advance in an

appropriation Act."

EFFECTIVE DATE OF 2001 AMENDMENT

Pub. L. 107-95, Sec. 10(c), Dec. 21, 2001, 115 Stat. 920,

provided that: "The amendments made by subsection (b) [amending

this section] shall apply to leases entered into on or after the

date of the enactment of this Act [Dec. 21, 2001]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8122 of this title.

-End-

-CITE-

38 USC Sec. 8163 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 81 - ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY

FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE

LEASES OF REAL PROPERTY

SUBCHAPTER V - ENHANCED-USE LEASES OF REAL PROPERTY

-HEAD-

Sec. 8163. Designation of property to be leased

-STATUTE-

(a) If the Secretary proposes to designate a property to be

leased under an enhanced-use lease, the Secretary shall conduct a

public hearing before making the designation. The hearing shall be

conducted in the community in which the property is located. At the

hearing, the Secretary shall receive the views of veterans service

organizations and other interested parties regarding the proposed

lease of the property and the possible effects of the uses to be

made of the property under a lease of the general character then

contemplated. The possible effects to be addressed at the hearing

shall include effects on -

(1) local commerce and other aspects of the local community;

(2) programs administered by the Department; and

(3) services to veterans in the community.

(b) Before conducting such a hearing, the Secretary shall provide

reasonable notice of the proposed designation and of the hearing.

The notice shall include the following:

(1) The time and place of the hearing.

(2) Identification of the property proposed to be leased.

(3) A description of the proposed uses of the property under

the lease.

(4) A description of how the uses to be made of the property

under a lease of the general character then contemplated -

(A) would -

(i) contribute in a cost-effective manner to the mission of

the Department;

(ii) not be inconsistent with the mission of the

Department;

(iii) not adversely affect the mission of the Department;

and

(iv) affect services to veterans; or

(B) would result in a demonstrable improvement of services to

eligible veterans in the geographic service-delivery area

within which the property is located.

(5) A description of how those uses would affect services to

veterans.

(c)(1) If after a hearing under subsection (a) the Secretary

intends to designate the property involved, the Secretary shall

notify the congressional veterans' affairs committees of the

Secretary's intention to so designate the property and shall

publish a notice of such intention in the Federal Register.

(2) The Secretary may not enter into an enhanced use lease until

the end of the 90-day period beginning on the date of the

submission of notice under paragraph (1).

(3) Each notice under paragraph (1) shall include the following:

(A) An identification of the property involved.

(B) An explanation of the background of, rationale for, and

economic factors in support of, the proposed lease.

(C) A summary of the views expressed by interested parties at

the public hearing conducted in connection with the proposed

designation, together with a summary of the Secretary's

evaluation of those views.

(D) A general description of the proposed lease.

(E) A description of how the proposed lease -

(i) would -

(I) contribute in a cost-effective manner to the mission of

the Department;

(II) not be inconsistent with the mission of the

Department;

(III) not adversely affect the mission of the Department;

and

(IV) affect services to veterans; or

(ii) would result in a demonstrable improvement of services

to eligible veterans in the geographic service-delivery area

within which the property is located.

(F) A description of how the proposed lease would affect

services to veterans.

(4) Not less than 30 days before entering into an enhanced-use

lease, the Secretary shall submit to the congressional veterans'

affairs committees a report on the proposed lease. The report shall

include -

(A) updated information with respect to the matters described

in paragraph (3);

(B) a summary of a cost-benefit analysis of the proposed lease;

(C) a description of the provisions of the proposed lease; and

(D) a notice of designation with respect to the property.

-SOURCE-

(Added Pub. L. 102-86, title IV, Sec. 401(a), Aug. 14, 1991, 105

Stat. 419; amended Pub. L. 106-117, title II, Sec. 208(c), Nov. 30,

1999, 113 Stat. 1567; Pub. L. 106-419, title II, Sec. 241, title

IV, Sec. 404(b)(1), Nov. 1, 2000, 114 Stat. 1847, 1865.)

-MISC1-

AMENDMENTS

2000 - Subsec. (c)(2). Pub. L. 106-419, Sec. 241, amended par.

(2) generally. Prior to amendment, par. (2) read as follows: "The

Secretary may not enter into an enhanced-use lease until the end of

a 60-day period of continuous session of Congress following the

date of the submission of notice under paragraph (1). For purposes

of the preceding sentence, continuity of a session of Congress is

broken only by an adjournment sine die, and there shall be excluded

from the computation of such 60-day period any day during which

either House of Congress is not in session during an adjournment of

more than three days to a day certain."

Subsec. (c)(3)(E). Pub. L. 106-419, Sec. 404(b)(1), amended

directory language of Pub. L. 106-117, Sec. 208(c)(2). See 1999

Amendment note below.

1999 - Subsec. (b). Pub. L. 106-117, Sec. 208(c)(1)(A),

substituted "include the following:" for "include - " in

introductory provisions.

Subsec. (b)(1) to (3). Pub. L. 106-117, Sec. 208(c)(1)(B), (C),

capitalized the first letter of the first word and substituted a

period for the semicolon at end.

Subsec. (b)(4). Pub. L. 106-117, Sec. 208(c)(1)(B), (D), in

introductory provisions, capitalized the first letter of the first

word, added subpars. (A) and (B), and struck out former subpars.

(A) to (C) which read as follows:

"(A) would contribute in a cost-effective manner to the mission

of the Department;

"(B) would not be inconsistent with the mission of the

Department; and

"(C) would not adversely affect the mission of the Department;

and".

Subsec. (b)(5). Pub. L. 106-117, Sec. 208(c)(1)(B), capitalized

the first letter of the first word.

Subsec. (c)(3)(E). Pub. L. 106-117, Sec. 208(c)(2), as amended by

Pub. L. 106-419, Sec. 404(b)(1), substituted cls. (i) and (ii) for

former cls. (i) to (iii) which read as follows:

"(i) would contribute in a cost-effective manner to the mission

of the Department;

"(ii) would not be inconsistent with the mission of the

Department; and

"(iii) would not adversely affect the mission of the Department."

EFFECTIVE DATE OF 2000 AMENDMENT

Pub. L. 106-419, title IV, Sec. 404(b)(1), Nov. 1, 2000, 114

Stat. 1865, provided that the amendment made by section 404(b)(1)

is effective Nov. 30, 1999, and as if included in Pub. L. 106-117

as originally enacted.

-End-

-CITE-

38 USC Sec. 8164 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 81 - ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY

FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE

LEASES OF REAL PROPERTY

SUBCHAPTER V - ENHANCED-USE LEASES OF REAL PROPERTY

-HEAD-

Sec. 8164. Authority for disposition of leased property

-STATUTE-

(a) If, during the term of an enhanced-use lease or within 30

days after the end of the term of the lease, the Secretary

determines that the leased property is no longer needed by the

Department, the Secretary may initiate action for the transfer to

the lessee of all right, title, and interest of the United States

in the property by requesting the Administrator of General Services

to dispose of the property pursuant to subsection (b). A

disposition of property may not be made under this section unless

the Secretary determines that the disposition under this section

rather than under section 8122 of this title is in the best

interests of the Department. The Administrator, upon request of the

Secretary, shall take appropriate action under this section to

dispose of property of the Department that is or has been subject

to an enhanced-use lease.

(b) A disposition under this section may be made for such

consideration as the Secretary and the Administrator of General

Services jointly determine is in the best interest of the United

States and upon such other terms and conditions as the Secretary

and the Administrator consider appropriate.

(c) Not less than 90 days before a disposition of property is

made under this section, the Secretary shall notify the

congressional veterans' affairs committees of the Secretary's

intent to dispose of the property and shall publish notice of the

proposed disposition in the Federal Register. The notice shall

describe the background of, rationale for, and economic factors in

support of, the proposed disposition (including a cost-benefit

analysis summary) and the method, terms, and conditions of the

proposed disposition.

-SOURCE-

(Added Pub. L. 102-86, title IV, Sec. 401(a), Aug. 14, 1991, 105

Stat. 420.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 8162, 8165 of this title.

-End-

-CITE-

38 USC Sec. 8165 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 81 - ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY

FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE

LEASES OF REAL PROPERTY

SUBCHAPTER V - ENHANCED-USE LEASES OF REAL PROPERTY

-HEAD-

Sec. 8165. Use of proceeds

-STATUTE-

(a)(1) Funds received by the Department under an enhanced-use

lease and remaining after any deduction from those funds under

subsection (b) shall be deposited in the Department of Veterans

Affairs Health Services Improvement Fund established under section

1729B of this title.

(2) Funds received by the Department from a disposal of leased

property under section 8164 of this title and remaining after any

deduction from such funds under the laws referred to in subsection

(c) shall be deposited in the nursing home revolving fund.

(b) An amount sufficient to pay for any expenses incurred by the

Secretary in any fiscal year in connection with an enhanced-use

lease shall be deducted from the proceeds of the lease for that

fiscal year and may be used by the Secretary to reimburse the

account from which the funds were used to pay such expenses.

(c) Subsection (a) does not affect the applicability of

subchapter IV of chapter 5 of title 40, with respect to

reimbursement of the Administrator of General Services for expenses

arising from any disposal of property under section 8164 of this

title.

-SOURCE-

(Added Pub. L. 102-86, title IV, Sec. 401(a), Aug. 14, 1991, 105

Stat. 421; amended Pub. L. 106-117, title II, Sec. 208(d), Nov. 30,

1999, 113 Stat. 1568; Pub. L. 107-217, Sec. 3(j)(6), Aug. 21, 2002,

116 Stat. 1301.)

-MISC1-

AMENDMENTS

2002 - Subsec. (c). Pub. L. 107-217 substituted "subchapter IV of

chapter 5 of title 40" for "section 204 of the Federal Property and

Administrative Services Act of 1949 (40 U.S.C. 485) or the Act of

June 8, 1896 (40 U.S.C. 485a)".

1999 - Subsec. (a)(1). Pub. L. 106-117 added par. (1) and struck

out former par. (1) which read as follows: "Of the funds received

by the Department under an enhanced-use lease and remaining after

any deduction from such funds under subsection (b), 75 percent

shall be deposited in the nursing home revolving fund established

under section 8116 of this title and 25 percent shall be credited

to the Medical Care Account of the Department for the use of the

Department facility at which the property is located."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1729B of this title.

-End-

-CITE-

38 USC Sec. 8166 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 81 - ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY

FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE

LEASES OF REAL PROPERTY

SUBCHAPTER V - ENHANCED-USE LEASES OF REAL PROPERTY

-HEAD-

Sec. 8166. Construction standards

-STATUTE-

(a) Unless the Secretary provides otherwise, the construction,

alteration, repair, remodeling, or improvement of the property that

is the subject of the lease shall be carried out so as to comply

with all standards applicable to construction of Federal buildings.

Any such construction, alteration, repair, remodeling, or

improvement shall not be subject to any State or local law relating

to building codes, permits, or inspections unless the Secretary

provides otherwise.

(b) Unless the Secretary has provided that Federal construction

standards are not applicable to a property, the Secretary shall

conduct periodic inspections of any such construction, alteration,

repair, remodeling, or improvement for the purpose of ensuring that

the standards are met.

-SOURCE-

(Added Pub. L. 102-86, title IV, Sec. 401(a), Aug. 14, 1991, 105

Stat. 421.)

-End-

-CITE-

38 USC Sec. 8167 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 81 - ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY

FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE

LEASES OF REAL PROPERTY

SUBCHAPTER V - ENHANCED-USE LEASES OF REAL PROPERTY

-HEAD-

Sec. 8167. Exemption from State and local taxes

-STATUTE-

The interest of the United States in any property subject to an

enhanced-use lease and any use by the United States of such

property during such lease shall not be subject, directly or

indirectly, to any State or local law relative to taxation, fees,

assessments, or special assessments, except sales taxes charged in

connection with any construction, alteration, repair, remodeling,

or improvement project carried out under the lease.

-SOURCE-

(Added Pub. L. 102-86, title IV, Sec. 401(a), Aug. 14, 1991, 105

Stat. 421.)

-End-

-CITE-

38 USC Sec. 8168 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 81 - ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY

FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE

LEASES OF REAL PROPERTY

SUBCHAPTER V - ENHANCED-USE LEASES OF REAL PROPERTY

-HEAD-

[Sec. 8168. Repealed. Pub. L. 105-114, title II, Sec. 205(b)(1),

Nov. 21, 1997, 111 Stat. 2288]

-MISC1-

Section, added Pub. L. 102-86, title IV, Sec. 401(a), Aug. 14,

1991, 105 Stat. 421, limited number of enhanced-use leases that

could be entered into under this subchapter.

-End-

-CITE-

38 USC Sec. 8169 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 81 - ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY

FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE

LEASES OF REAL PROPERTY

SUBCHAPTER V - ENHANCED-USE LEASES OF REAL PROPERTY

-HEAD-

Sec. 8169. Expiration

-STATUTE-

The authority of the Secretary to enter into enhanced-use leases

under this subchapter expires on December 31, 2011.

-SOURCE-

(Added Pub. L. 102-86, title IV, Sec. 401(a), Aug. 14, 1991, 105

Stat. 422; amended Pub. L. 103-452, title I, Sec. 103(d), Nov. 2,

1994, 108 Stat. 4786; Pub. L. 104-110, title I, Sec. 101(k), Feb.

13, 1996, 110 Stat. 769; Pub. L. 105-114, title II, Sec. 205(a),

Nov. 21, 1997, 111 Stat. 2288; Pub. L. 106-117, title II, Sec.

208(e), Nov. 30, 1999, 113 Stat. 1568.)

-MISC1-

AMENDMENTS

1999 - Pub. L. 106-117 substituted "December 31, 2011" for

"December 31, 2001".

1997 - Pub. L. 105-114 substituted "December 31, 2001" for

"December 31, 1997".

1996 - Pub. L. 104-110 substituted "December 31, 1997" for

"December 31, 1995".

1994 - Pub. L. 103-452 substituted "December 31, 1995" for

"December 31, 1994".

RATIFICATION OF ACTIONS DURING PERIOD OF EXPIRED AUTHORITY

Any action taken by Secretary of Veterans Affairs before Feb. 13,

1996, under provision of law amended by title I of Pub. L. 104-110

that was taken during period beginning on date on which authority

of Secretary under such provision of law expired and ending on Feb.

13, 1996, considered to have same force and effect as if such

amendment had been in effect at time of that action, see section

103 of Pub. L. 104-110, set out as a note under section 1710 of

this title.

-End-