Editorial Notes
References in TextThe Bospan Stump National Defense Authorization Act for Fiscal Year 2003, referred to in subsec. (f)(3), is Puspan. L. 107–314, Dec. 2, 2002, 116 Stat. 2458. Subtitle C (§§ 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set out as notes under this section, section 8110 of this title, and sections 1074g and 1094a of Title 10, and repealed provisions set out as a note under section 1094a of Title 10.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.
Prior ProvisionsProvisions similar to those comprising this section were contained in former section 5003 of this title prior to the general revision of this subchapter by Puspan. L. 96–22.
Amendments2022—Subsec. (d)(3). Puspan. L. 117–180 substituted “September 30, 2026” for “September 30, 2023”.
2019—Subsec. (d)(3). Puspan. L. 116–92 substituted “September 30, 2023” for “September 30, 2020”.
2015—Subsec. (d)(3). Puspan. L. 114–92, which directed substitution of “September 30, 2020” for “September 30, 2015”, was executed by making the substitution for “September 30, 2016” to reflect the probable intent of Congress and the intervening amendment by Puspan. L. 114–58. See below.
Puspan. L. 114–58 substituted “September 30, 2016” for “September 30, 2015”.
2009—Subsec. (d)(3). Puspan. L. 111–84 substituted “September 30, 2015” for “September 30, 2010”.
2006—Puspan. L. 109–461, § 1006(span), provided that as of the enactment of Puspan. L. 109–461, the amendments made by Puspan. L. 109–444 were deemed for all purposes not to have taken effect and that Puspan. L. 109–444 ceased to be in effect. See Amendment notes below and section 1006(span) of Puspan. L. 109–461, set out as a Coordination of Provisions With Puspan. L. 109–444 note under section 101 of this title.
Subsec. (span)(1). Puspan. L. 109–461, § 1004(a)(6), substituted “into the strategic plan of each Department under section 306 of title 5 and the performance plan of each Department under section 1115 of title 31” for “into the strategic and performance plan of each Department under the Government Performance and Results Act of 1993”.
Puspan. L. 109–444, § 8(a)(6), which substituted “into the strategic plan of each Department under section 306 of title 5 and the performance plan of each Department under section 1115 of title 31” for “into the strategic and performance plan of each Department under the Government Performance and Results Act of 1993”, was terminated by Puspan. L. 109–461, § 1006(span). See Amendment notes above.
Puspan. L. 109–163, § 1056(g), inserted “of 1993” after “Government Performance and Results Act”.
Subsec. (d)(2). Puspan. L. 109–461, § 1004(a)(7)(A), struck out “effective October 1, 2003,” after “the incentive program,”.
Puspan. L. 109–444, § 8(a)(7)(A), which struck out “effective October 1, 2003,” after “the incentive program,”, was terminated by Puspan. L. 109–461, § 1006(span). See Amendment notes above.
Subsec. (d)(3). Puspan. L. 109–364 substituted “September 30, 2010” for “September 30, 2007”.
Puspan. L. 109–163, § 747(a), redesignated par. (4) as (3) and struck out former par. (3) which provided for an annual review and report by the Comptroller General of the implementation and effectiveness of the incentives program under this subsection.
Subsec. (d)(4). Puspan. L. 109–163, § 747(a)(2), redesignated par. (4) as (3).
Subsec. (e)(2). Puspan. L. 109–461, § 1004(a)(7)(B), struck out “shall be implemented no later than October 1, 2003, and” after “Such schedule” in second sentence and “, following implementation of the schedule,” after “The two Secretaries” in third sentence.
Puspan. L. 109–444, § 8(a)(7)(B), which struck out “shall be implemented no later than October 1, 2003, and” after “Such schedule” in second sentence and “, following implementation of the schedule,” after “The two Secretaries” in third sentence, was terminated by Puspan. L. 109–461, § 1006(span). See Amendment notes above.
2004—Subsec. (d)(2). Puspan. L. 108–422 inserted “and shall be available for any purpose authorized by this section” before period at end.
2003—Subsec. (span)(2). Puspan. L. 108–136, § 583(span)(2)(A), substituted “the Department of Veterans Affairs-Department of Defense Joint Executive Committee under section 320 of this title” for “the interagency committee provided for under subsection (c)”.
Subsec. (c). Puspan. L. 108–136, § 583(span)(1), struck out subsec. (c) which related to establishment of Department of Veterans Affairs-Department of Defense Health Executive Committee.
Subsec. (d)(1). Puspan. L. 108–136, § 583(span)(2)(B), substituted “Department of Veterans Affairs-Department of Defense Joint Executive Committee” for “Committee established in subsection (c)”.
Subsec. (e)(1). Puspan. L. 108–136, § 583(span)(2)(C), substituted “Department of Veterans Affairs-Department of Defense Joint Executive Committee with respect to health care resources” for “Committee under subsection (c)(2)” in introductory provisions.
Subsec. (f)(2)(B), (C). Puspan. L. 108–136, § 583(span)(2)(D), added subpars. (B) and (C) and struck out former subpars. (B) and (C) which read as follows:
“(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.”
Subsec. (f)(3), (4)(A), (B), (5). Puspan. L. 108–136, § 583(c), inserted “(Public Law 107–314)” after “for Fiscal Year 2003”.
2002—Puspan. 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). Puspan. L. 107–135, § 208(e)(6)(A), inserted “services under sections 1782 and 1783 of this title” after “of this title,”.
Subsec. (g)(5). Puspan. L. 107–135, § 208(e)(6)(B), substituted “section 1782, 1783, or 1784” for “section 1711(span) or 1713”.
1994—Subsec. (span)(2). Puspan. L. 103–446, § 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. (span)(4). Puspan. L. 103–446, § 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). Puspan. L. 103–446, § 1201(i)(10), inserted “of Defense” after second reference to “Secretary”.
1992—Subsecs. (span)(2), (d)(5), (e). Puspan. L. 102–405 substituted “Under Secretary for Health” for “Chief Medical Director” wherever appearing.
1991—Puspan. L. 102–40, § 402(span)(1), renumbered section 5011 of this title as this section.
Puspan. L. 102–83, § 4(a)(3), (4), substituted “Sharing of Department” for “Sharing of Veterans’ Administration” in section catchline.
Subsec. (a). Puspan. L. 102–83, § 4(span)(1), (2)(E), substituted “Secretary” for “Administrator” in two places.
Puspan. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” in two places.
Puspan. L. 102–40, § 402(d)(1), substituted “8110(a)(1)” for “5010(a)(1)”.
Subsec. (span). Puspan. L. 102–83, § 4(span)(1), (2)(E), substituted “Secretary” for “Administrator” in par. (4).
Puspan. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” wherever appearing in pars. (1) and (2)(A).
Subsec. (c)(1). Puspan. L. 102–83, § 4(span)(1), (2)(E), substituted “Secretary” for “Administrator”.
Puspan. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”.
Subsec. (f). Puspan. L. 102–83, § 4(span)(1), (2)(E), substituted “Secretary” for “Administrator” in introductory provisions and in par. (6).
Subsec. (g). Puspan. L. 102–83, § 5(c)(1), substituted “1701” for “601” in par. (4) and “1711(span) or 1713” for “611(span) or 613” in par. (5).
Puspan. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” wherever appearing.
1983—Subsec. (f). Puspan. 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—Puspan. L. 97–174, § 3(span)(1), substituted “Sharing of Veterans’ Administration and Department of Defense health-care resources” for “Use of Armed Forces facilities” in section catchline.
Subsec. (a). Puspan. L. 97–174, § 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. (span) to (g). Puspan. L. 97–174, § 3(a)(3), added subsecs. (span) to (g).
Statutory Notes and Related Subsidiaries
Effective Date of 2002 AmendmentPuspan. L. 107–314, div. A, title VII, § 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.”
Effective DateSection effective Oct. 1, 1979, but not applicable 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 Puspan. L. 96–22, set out as a note under section 8101 of this title.
Report on Mental Health Programs by Department of Veterans Affairs and Department of DefensePuspan. L. 116–171, title IV, § 405(a), Oct. 17, 2020, 134 Stat. 812, provided that:“(1)In general.—Not later than one year after the date of the enactment of this Act [Oct. 17, 2020], and annually thereafter, the Secretary of Veterans Affairs and the Secretary of Defense shall submit to the Committee on Veterans’ Affairs and the Committee on Armed Services of the Senate and the Committee on Veterans’ Affairs and the Committee on Armed Services of the House of Representatives a report on mental health programs of the Department of Veterans Affairs and the Department of Defense and joint programs of the Departments.
“(2)Elements.—The report required by paragraph (1) shall include the following:“(A) A description of mental health programs operated by the Department of Veterans Affairs, including the following:“(i) Transition assistance programs.
“(ii) Clinical and non-clinical mental health initiatives, including centers of excellence of the Department of Veterans Affairs for traumatic brain injury and post-traumatic stress disorder.
“(iii) Programs that may secondarily improve mental health, including employment, housing assistance, and financial literacy programs.
“(iv) Research into mental health issues and conditions, to include post-traumatic stress disorder, depression, anxiety, bipolar disorder, traumatic brain injury, suicidal ideation, and any other issues or conditions as the Secretary of Veterans Affairs considers necessary.
“(B) A description of mental health programs operated by the Department of Defense, including the following:“(i) Transition assistance programs.
“(ii) Clinical and non-clinical mental health initiatives, including the National Intrepid Center of Excellence and the Intrepid Spirit Centers.
“(iii) Programs that may secondarily improve mental health, including employment, housing assistance, and financial literacy programs.
“(iv) Research into mental health issues and conditions, to include post-traumatic stress disorder, depression, anxiety, bipolar disorder, traumatic brain injury, suicidal ideation, and any other issues or conditions as the Secretary of Defense considers necessary.
“(C) A description of mental health programs jointly operated by the Department of Veterans Affairs and the Department of Defense, including the following:“(i) Transition assistance programs.
“(ii) Clinical and non-clinical mental health initiatives.
“(iii) Programs that may secondarily improve mental health, including employment, housing assistance, and financial literacy programs.
“(iv) Research into mental health issues and conditions, to include post-traumatic stress disorder, depression, anxiety, bipolar disorder, traumatic brain injury, suicidal ideation, and completed suicides, including through the use of the joint suicide data repository of the Department of Veterans Affairs and the Department of Defense, and any other issues or conditions as the Secretary of Veterans Affairs and the Secretary of Defense consider necessary.
“(D) Recommendations for coordinating mental health programs of the Department of Veterans Affairs and the Department of Defense to improve the effectiveness of those programs.
“(E) Recommendations for novel joint programming of the Department of Veterans Affairs and the Department of Defense to improve the mental health of members of the Armed Forces and veterans.”
Guidelines for Combined Medical Facilities of the Department of Defense and the Department of Veterans AffairsPuspan. L. 110–417, [div. A], title VII, § 706, Oct. 14, 2008, 122 Stat. 4500, provided that: “Before a facility may be designated a combined Federal medical facility of the Department of Defense and the Department of Veterans Affairs, the Secretary of Defense and the Secretary of Veterans Affairs shall execute a signed agreement that specifies, at a minimum, a binding operational agreement on the following areas:“(1) Governance.
“(2) Patient priority categories.
“(3) Budgeting.
“(4) Staffing and training.
“(5) Construction.
“(6) Physical plant management.
“(7) Contingency planning.
“(8) Quality assurance.
“(9) Information technology.”
Consideration of Combination of Military Medical Treatment Facilities and Health Care Facilities of Department of Veterans AffairsPuspan. L. 108–375, div. B, title XXVIII, § 2811, Oct. 28, 2004, 118 Stat. 2128, provided that:“(a)Department of Defense Consideration of Joint Construction.—When considering any military construction project for the construction of a new military medical treatment facility in the United States or a territory or possession of the United States, the Secretary of Defense shall consult with the Secretary of Veterans Affairs regarding the feasibility of carrying out a joint project to construct a medical facility that—“(1) could serve as a facility for health-resources sharing between the Department of Defense and the Department of Veterans Affairs; and
“(2) would be no more costly to each Department to construct and operate than separate facilities for each Department.
“(span)Department of Veterans Affairs Consideration of Joint Construction.—When considering the construction of a new or replacement medical facility for the Department of Veterans Affairs, the Secretary of Veterans Affairs shall consult with the Secretary of Defense regarding the feasibility of carrying out a joint project to construct a medical facility that—“(1) could serve as a facility for health-resources sharing between the Department of Veterans Affairs and the Department of Defense; and
“(2) would be no more costly to each Department to construct and operate than separate facilities for each Department.”
Health Care Resources Sharing and Coordination ProjectPuspan. L. 107–314, div. A, title VII, § 722, Dec. 2, 2002, 116 Stat. 2595, as amended by Puspan. L. 109–163, div. A, title VII, § 747(span), Jan. 6, 2006, 119 Stat. 3363, 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 (span).
“(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).
“(span)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)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, as determined by the Secretaries based on information available to the Secretaries to warrant such action.”
Access to Care for TRICARE-Eligible Military RetireesPuspan. L. 106–117, title I, § 113, Nov. 30, 1999, 113 Stat. 1556, as amended by Puspan. L. 108–7, div. K, title I, § 113(d)(2), Fespan. 20, 2003, 117 Stat. 483, 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(span)(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.
“(span)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 Medical Care Collections Fund established under section 1729A of title 38, United States Code.
“(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 DefensePuspan. L. 106–398, § 1 [[div. A], title VII, § 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.
“(span)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.”
Puspan. L. 104–262, title III, § 302(span)(2), Oct. 9, 1996, 110 Stat. 3193, provided that: “Any services provided pursuant to agreements entered into under section 201 of such Act [Puspan. 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.”
Puspan. L. 102–585, title II, Nov. 4, 1992, 106 Stat. 4949, as amended by Puspan. L. 103–446, title XII, § 1202(e)(1), Nov. 2, 1994, 108 Stat. 4689; Puspan. L. 104–262, title III, § 302(a), (span)(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.
“(span)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(span) 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. Puspan. L. 104–262, title III, § 302(span)(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.
“(span)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.
“(span)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), (span), (c)(1), (d), (f), (h), and (i) of section 1729 of title 38, United States Code.”
Congressional FindingsPuspan. L. 97–174, § 2(a), May 4, 1982, 96 Stat. 70, 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.”
Executive Documents
Executive Order No. 13214Ex. Ord. No. 13214, May 28, 2001, 66 F.R. 29447, which established President’s Task Force to Improve Health Care Delivery for Our Nation’s Veterans, was revoked by Ex. Ord. No. 13316, § 3(h), Sept. 17, 2003, 68 F.R. 55256, eff. Sept. 30, 2003.
