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
SUBCHAPTER II—PROCUREMENT AND SUPPLY
SUBCHAPTER III—STATE HOME FACILITIES FOR FURNISHING DOMICILIARY, NURSING HOME, AND HOSPITAL CARE
SUBCHAPTER IV—SHARING OF MEDICAL FACILITIES, EQUIPMENT, AND INFORMATION
SUBCHAPTER V—ENHANCED-USE LEASES OF REAL PROPERTY
Amendment of Analysis
Editorial Notes
Amendments
2018—
2016—
2012—Pub. L. 112—154, title II, §211(i)(3), Aug. 6, 2012,
2010—
2008—
2006—
2004—
2003—
2002—
1997—
1996—
1994—
1992—
1991—
1988—
1986—
1985—
1982—
1979—
1977—
1976—
1973—
1966—
1964—
SUBCHAPTER I—ACQUISITION AND OPERATION OF MEDICAL FACILITIES
§8101. Definitions
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, or as otherwise authorized by law, for the provision of health-care services (including hospital, outpatient clinic, 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.
(Added
Editorial Notes
Amendments
2018—Par. (3).
1996—Par. (2).
1991—
Par. (3).
Statutory Notes and Related Subsidiaries
Effective Date
"(a) Except as provided in subsection (b) of this section, the amendments made by section 301 [enacting this subchapter, redesignating
"(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
"(2) The provisions of [former]
§8102. Acquisition of medical facilities
(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
(Added
Editorial Notes
Amendments
1991—
Subsecs. (a), (c).
Subsec. (d).
1986—Subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date
Section 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
§8103. Authority to construct and alter, and to acquire sites for, medical facilities
(a) Subject to
(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
(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
(B) shall expire on October 1, 1993.
(e)(1) In the case of any super construction project, the Secretary shall enter into an agreement with an appropriate non-Department Federal entity to provide full project management services for the super construction project, including management over the project design, acquisition, construction, and contract changes.
(2) An agreement entered into under paragraph (1) with a Federal entity shall provide that the Secretary shall reimburse the Federal entity for all costs associated with the provision of project management services under the agreement.
(3) In this subsection, the term "super construction project" means a project for the construction, alteration, or acquisition of a medical facility involving a total expenditure of more than $100,000,000.
(f) To the maximum extent practicable, the Secretary shall use industry standards, standard designs, and best practices in carrying out the construction of medical facilities.
(g)(1)(A) Not later than September 30 of the fiscal year following the fiscal year during which the VA Asset and Infrastructure Review Act of 2018 is enacted, the Secretary shall implement the covered training curriculum and the covered certification program.
(B) In designing and implementing the covered training curriculum and the covered certification program under paragraph (1), the Secretary shall use as models existing training curricula and certification programs that have been established under
(2) The Secretary may develop the training curriculum under paragraph (1)(A) in a manner that provides such training in any combination of—
(A) training provided in person;
(B) training provided over an internet website; or
(C) training provided by another department or agency of the Federal Government.
(3) The Secretary may develop the certification program under paragraph (1)(A) in a manner that uses—
(A) one level of certification; or
(B) more than one level of certification, as determined appropriate by the Secretary with respect to the level of certification for different grades of the General Schedule.
(4) The Secretary may enter into a contract with an appropriate entity to provide the covered training curriculum and the covered certification program under paragraph (1)(A).
(5)(A) Not later than September 30 of the second fiscal year following the fiscal year during which the VA Asset and Infrastructure Review Act of 2018 is enacted, the Secretary shall ensure that the majority of employees subject to the covered certification program achieve the certification or the appropriate level of certification pursuant to paragraph (3), as the case may be.
(B) After carrying out subparagraph (A), the Secretary shall ensure that each employee subject to the covered certification program achieves the certification or the appropriate level of certification pursuant to paragraph (3), as the case may be, as quickly as practicable.
(6) In this subsection:
(A) The term "covered certification program" means, with respect to employees of the Department of Veterans Affairs who are members of occupational series relating to construction or facilities management, or employees of the Department who award or administer contracts for major construction, minor construction, or nonrecurring maintenance, including as contract specialists or contracting officers' representatives, a program to certify knowledge and skills relating to construction or facilities management and to ensure that such employees maintain adequate expertise relating to industry standards and best practices for the acquisition of design and construction services.
(B) The term "covered training curriculum" means, with respect to employees specified in subparagraph (A), a training curriculum relating to construction or facilities management.
(Added
Editorial Notes
References in Text
The fiscal year during which the VA Asset and Infrastructure Review Act of 2018 is enacted, referred to in subsec. (g)(1)(A), (5)(A), is the fiscal year during which
Amendments
2018—Subsec. (g).
2016—Subsecs. (f), (g).
2015—Subsec. (e).
1994—Subsec. (d)(6)(A).
1991—
Subsec. (a).
Subsecs. (b), (c).
1989—Subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
"(1) The medical facility construction project in Denver, Colorado, specified in section 2 of the Construction Authorization and Choice Improvement Act (
"(2) Any super construction project (as defined in
Effective Date
Section 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
Communities Helping Invest Through Property and Improvements Needed for Veterans
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Communities Helping Invest through Property and Improvements Needed for Veterans Act of 2016' or the 'CHIP IN for Vets Act of 2016'.
"SEC. 2. PILOT PROGRAM ON ACCEPTANCE BY THE DEPARTMENT OF VETERANS AFFAIRS OF DONATED FACILITIES AND RELATED IMPROVEMENTS.
"(a)
"(1)
"(A) Real property (including structures and equipment associated therewith)—
"(i) that includes a constructed facility; or
"(ii) to be used as the site of a facility constructed by the entity.
"(B) A facility to be constructed by the entity on real property of the Department of Veterans Affairs.
"(2)
"(A) A State or local authority.
"(B) An organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 [
"(C) A limited liability corporation.
"(D) A private entity.
"(E) A donor or donor group.
"(F) Any other non-Federal Government entity.
"(3)
"(b)
"(1) the property is—
"(A) a property with respect to which funds have been appropriated for a Department facility project; or
"(B) a property identified as—
"(i) meeting a need of the Department as part of the long-range capital planning process of the Department; and
"(ii) the location for a Department facility project that is included on the Strategic Capital Investment Planning process priority list in the most recent budget submitted to Congress by the President pursuant to
"(2) an entity described in subsection (a)(2) has entered into or is willing to enter into a formal agreement with the Secretary in accordance with subsection (c) under which the entity agrees to independently donate the real property, improvements, goods, or services, for the Department facility project in an amount acceptable to the Secretary and at no additional cost to the Federal Government.
"(c)
"(1)
"(A) the donation of real property and improvements (including structures and equipment associated therewith) that includes a constructed facility; or
"(B) the construction by the entity of a facility on—
"(i) real property and improvements of the Department of Veterans Affairs; or
"(ii) real property and improvements donated to the Department by the entity.
"(2)
"(A) The entity shall conduct all necessary environmental and historic preservation due diligence, shall comply with all local zoning requirements (except for studies and consultations required of the Department under Federal law), and shall obtain all permits required in connection with the construction of the facility.
"(B) The entity shall use construction standards required of the Department when designing, repairing, altering, or building the facility, except to the extent the Secretary determines otherwise, as permitted by applicable law.
"(C) The entity shall provide the real property, improvements, goods, or services in a manner described in subsection (b)(2) sufficient to complete the construction of the facility, at no additional cost to the Federal Government.
"(d)
"(e)
"(1)
"(A)
"(B)
"(2)
"(f)
"(g)
"(1)
"(2)
"(h)
"(i)
"(j)
Designation of Construction Agent for Certain Construction Projects by Department of Veterans Affairs
"(a)
"(b)
Development of Medical-Facility Modular Components
§8104. Congressional approval of certain medical facility acquisitions
(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 purposes 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 $20,000,000, but such term does not include an acquisition by exchange, nonrecurring maintenance projects of the Department, or the construction, alteration, or acquisition of a shared Federal medical facility for which the Department's estimated share of the project costs does not exceed $20,000,000.
(B) The term "major medical facility lease" means a lease for space for use as a new medical facility at an average annual rent of more than $1,000,000.
(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 estimate of the total costs 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 detailed report 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
(A) Total construction costs.
(B) Activation costs.
(C) Special purpose alterations (lump-sum payment) costs.
(D) Number of personnel.
(E) Total costs of ancillary services, equipment, and all other items.
(2) 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, a ten-year period, and a twenty-year period.
(3) Current and projected workload and utilization data regarding the facility, including information on projected changes in workload and utilization over a five-year period, a ten-year period, and a twenty-year period.
(4) Projected operating costs of the facility, including both recurring and non-recurring costs (including and identifying both recurring and non-recurring costs (including activation costs and total costs of ancillary services, equipment and all other items)) over a five-year period, a ten-year period, and a twenty-year period.
(5) 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.
(6) In the case of a prospectus proposing the construction of a new or replacement medical facility, each of the following:
(A) A detailed estimate of the total costs (including total construction costs, activation costs, special purpose alterations (lump-sum payment) costs, number of personnel and total costs of ancillary services, equipment and all other items) for each alternative to construction of the facility that was considered.
(B) A comparison of total costs to total benefits for each such alternative.
(C) An explanation of why the preferred alternative is the most effective means to achieve the stated project goals and the most cost-effective alternative.
(7) In the case of a prospectus proposing funding for a major medical facility lease, a detailed analysis of how the lease is expected to comply with Office of Management and Budget Circular A–11 and
(A) an analysis of the classification of the lease as a "lease-purchase", "capital lease", or "operating lease" as those terms are defined in Office of Management and Budget Circular A–11;
(B) an analysis of the obligation of budgetary resources associated with the lease; and
(C) an analysis of the methodology used in determining the asset cost, fair market value, and cancellation costs of the lease.
(c)(1) 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.
(2) The Secretary shall—
(A) enter into a contract or agreement with an appropriate non-department Federal entity with the ability to conduct forensic audits on medical facility projects for the conduct of an external forensic audit of the expenditures relating to any major medical facility or super construction project for which the total expenditures exceed the amount requested in the initial budget request for the project submitted to Congress under
(B) enter into a contract or agreement with an appropriate non-department Federal entity with the ability to conduct forensic audits on medical facility projects for the conduct of an external audit of the medical center construction project in Aurora, Colorado.
(d)(1) Except as provided in paragraph (2), 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.
(2)(A) In any fiscal year, unobligated amounts in the Construction, Major Projects account that are a direct result of bid savings from a major construction project may only be obligated for major construction projects authorized for that fiscal year or a previous fiscal year.
(B) Whenever the Secretary obligates amounts for a major construction project under subparagraph (A), the Secretary shall submit to the Committee on Veterans' Affairs and the Committee on Appropriations of the Senate and the Committee on Veterans' Affairs and the Committee on Appropriations of the House of Representatives notice of the following:
(i) The major construction project that is the source of the bid savings.
(ii) If the major construction project that is the source of the bid savings is not complete—
(I) the amount already obligated by the Department or available in the project reserve for such project;
(II) the percentage of such project that has been completed; and
(III) the amount available to the Department to complete such project.
(iii) The other major construction project for which the bid savings amounts are being obligated.
(iv) The bid savings amounts being obligated for such other major construction project.
(C) The Secretary may not obligate an amount under subparagraph (A) to expand the purpose of a major construction project except pursuant to a provision of law enacted after the date on which the Secretary submits to the committees described in subparagraph (B) notice of the following:
(i) The major construction project that is the source of the bid savings.
(ii) The major construction project for which the Secretary intends to expand the purpose.
(iii) A description of such expansion of purpose.
(iv) The amounts the Secretary intends to obligate to expand the purpose.
(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.
(g) The limitation in subsection (f) does not apply to a project for which funds have been authorized by law in accordance with subsection (a)(2).
(h)(1) Not less than 30 days before entering into a major medical facility lease, the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and the House of Representatives—
(A) notice of the Secretary's intention to enter into the lease;
(B) a detailed summary of the proposed lease;
(C) a description and analysis of any differences between the prospectus submitted pursuant to subsection (b) and the proposed lease; and
(D) a scoring analysis demonstrating that the proposed lease fully complies with Office of Management and Budget Circular A–11.
(2) Each committee described in paragraph (1) shall ensure that any information submitted to the committee under such paragraph is treated by the committee with the same level of confidentiality as is required by law of the Secretary and subject to the same statutory penalties for unauthorized disclosure or use as the Secretary.
(3) Not more than 30 days after entering into a major medical facility lease, the Secretary shall submit to each committee described in paragraph (1) a report on any material differences between the lease that was entered into and the proposed lease described under such paragraph, including how the lease that was entered into changes the previously submitted scoring analysis described in subparagraph (D) of such paragraph.
(Added
Editorial Notes
Amendments
2019—Subsec. (a)(3).
2018—Subsec. (a)(3).
"(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 $10,000,000, 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 $1,000,000."
2016—Subsec. (c).
Subsec. (d)(2)(B)(ii) to (iv).
2014—Subsec. (b)(7).
Subsec. (h).
2011—Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (b)(3).
Subsec. (b)(4).
Subsec. (b)(5).
Subsec. (b)(6).
Subsec. (b)(7),(8).
Subsec. (d).
Subsec. (d)(2)(A).
Subsec. (d)(2)(B).
Subsec. (d)(2)(C).
2010—Subsec. (d).
2008—Subsec. (a)(3)(B).
2006—Subsec. (a)(3)(A).
2004—Subsec. (g).
2003—Subsec. (a)(3)(A).
1998—Subsec. (a)(3)(B).
1996—Subsec. (a)(3)(A).
Subsec. (b).
Subsec. (b)(1) to (3).
Subsec. (b)(4) to (8).
Subsec. (f).
1993—Subsec. (a)(3)(A).
1992—Subsec. (a)(2).
"(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).
Subsec. (c).
1991—
Subsec. (b).
Subsec. (b)(1).
Subsec. (c).
Subsecs. (d), (e).
1988—Subsec. (a)(2).
"(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).
"(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).
Subsecs. (d) to (f).
1986—Subsec. (b)(1).
1985—Subsec. (a).
"(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).
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment
Effective Date of 1992 Amendment
Effective Date
Section 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
Budgetary Treatment of Department of Veterans Affairs Major Medical Facilities Leases
"(a)
"(1)
"(2) Office of Management and Budget Circular A–11 provides guidance to agencies in meeting the statutory requirements under
"(3) For operating leases, Office of Management and Budget Circular A–11 requires the Department of Veterans Affairs to record up-front budget authority in an 'amount equal to total payments under the full term of the lease or [an] amount sufficient to cover first year lease payments plus cancellation costs'.
"(b)
"(1)
"(A) an amount equal to total payments under the full term of the lease; or
"(B) if the lease specifies payments to be made in the event the lease is terminated before its full term, an amount sufficient to cover the first year lease payments plus the specified cancellation costs.
"(2)
"(c)
"(d)
§8105. Structural requirements
(a) Each medical facility (including each nursing home facility for which the Secretary contracts under
(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.
(Added
Editorial Notes
Amendments
1992—Subsec. (b)(3).
1991—
Subsec. (a).
Subsec. (b).
1979—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 1979 Amendment
Amendment by
Effective Date
Section 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
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
§8106. Construction contracts
(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.
(Added
Editorial Notes
Amendments
1991—
Statutory Notes and Related Subsidiaries
Effective Date
Section 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
[§8107. Repealed. Pub. L. 111–163, title V, §501(b)(1), May 5, 2010, 124 Stat. 1157 ]
Section, added
§8108. Contributions to local authorities
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.
(Added
Editorial Notes
Prior Provisions
Provisions similar to those comprising this section were contained in former
Amendments
1991—
Statutory Notes and Related Subsidiaries
Effective Date
Section 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
§8109. Parking facilities
(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;
(3) may operate and maintain parking facilities; and
(4) notwithstanding subsection (a) of
(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
(j) Funds in a construction account or capital account that are available for a construction project or a nonrecurring maintenance project may be used for the construction or relocation of a surface parking lot incidental to that project.
(Added
Editorial Notes
Prior Provisions
Provisions similar to those comprising this section were contained in former
Amendments
2018—Subsec. (b)(4).
2004—Subsec. (j).
1998—Subsec. (i)(2).
1996—Subsec. (h)(3)(B).
1993—Subsec. (i)(2).
1991—
Subsecs. (a) to (c).
Subsec. (d)(1).
Subsecs. (d)(2), (e), (f).
Subsec. (i)(2).
1986—
Statutory Notes and Related Subsidiaries
Effective Date of 1986 Amendment
"(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
"(3) Section 5009 [now 8109] of
Effective Date
Section 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
§8110. Operation of medical facilities
(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
(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
(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 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.
(d) 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.
(e) 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.
(Added
Editorial Notes
Prior Provisions
Provisions similar to those comprising this section were contained in former
Amendments
2018—Subsecs. (c) to (f).
"(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."
2002—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(3)(A).
Subsec. (a)(3)(C).
1999—Subsecs. (d) to (f).
1996—Subsec. (a)(2).
Subsec. (c).
1995—Subsec. (a)(4).
1994—Subsec. (a)(3)(B), (5), (6).
Subsec. (c)(3)(B).
Subsec. (c)(7).
Subsec. (c)(8), (9).
1992—Subsecs. (a)(3), (b), (c)(1), (3)(B).
1991—
Subsec. (a).
Subsec. (b).
Subsec. (c).
1988—Subsec. (a)(6).
Subsec. (c)(2).
1986—Subsec. (a)(1).
1984—Subsec. (a)(4)(C).
1983—Subsec. (a)(1).
Subsec. (c)(2)(B).
1982—Subsec. (c).
1981—Subsec. (a)(1).
Subsec. (a)(3).
Subsec. (a)(4)(A).
Subsec. (a)(4)(B).
Subsec. (a)(4)(D).
Subsec. (a)(5).
Subsecs. (b), (c).
1979—Subsec. (a)(4).
Statutory Notes and Related Subsidiaries
Effective Date of 2002 Amendment
Effective Date of 1988 Amendment
Effective Date of 1981 Amendment
Amendment by section 601(b)(1) of
Amendment by section 601(b)(2) of
Effective Date of 1979 Amendment
Effective Date
Section 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
Planning and Activating Community Based Outpatient Clinics Handbook Update
"(a) Not later than 180 days after the date of the enactment of this Act [Dec. 20, 2019], and not less frequently than once every five-year period thereafter, the Secretary of Veterans Affairs shall update the handbook of the Department of Veterans Affairs titled 'Planning and Activating Community Based Outpatient Clinics', or a successor handbook, to reflect current policies, best practices, and clarify the roles and responsibilities of the personnel of the Department involved in the leasing projects of the Department.
"(b) The Secretary shall ensure that the handbook specified in subsection (a) defines 'community based outpatient clinic' in the same manner as such term is defined in the Veterans Health Administration Site Tracking database (commonly known as 'VAST') as of the date of the enactment of this Act.
"(c) The Secretary shall ensure that the Veterans Health Administration incorporates the best practices contained in the handbook specified in subsection (a) in conducting oversight of the medical centers of the Department of Veterans Affairs and the Veterans Integrated Service Network.
"(d) Not later than 180 days after the date of the enactment of this Act, the Secretary shall provide guidance and training to employees of the Veterans Health Administration for the use of the handbook specified in subsection (a). The Secretary shall update such guidance and training together with each update of such handbook."
Health Care in Underserved Areas
"SEC. 401. DEVELOPMENT OF CRITERIA FOR DESIGNATION OF CERTAIN MEDICAL FACILITIES OF THE DEPARTMENT OF VETERANS AFFAIRS AS UNDERSERVED FACILITIES AND PLAN TO ADDRESS PROBLEM OF UNDERSERVED FACILITIES.
"(a)
"(b)
"(1) The ratio of veterans to health care providers of the Department of Veterans Affairs for a standardized geographic area surrounding the facility, including a separate ratio for general practitioners and specialists.
"(2) The range of clinical specialties covered by such providers in such area.
"(3) Whether the local community is medically underserved.
"(4) The type, number, and age of open consults.
"(5) Whether the facility is meeting the wait-time goals of the Department or the applicable access standards developed under
"(6) Such other criteria as the Secretary considers important in determining which facilities are not adequately serving area veterans.
"(c)
"(d)
"(1)
"(2)
"(A) Increasing personnel or temporary personnel assistance, including mobile deployment teams furnished under section 402 of this Act.
"(B) Providing special hiring incentives, including under the Education Debt Reduction Program under subchapter VII of
"(C) Using direct hiring authority.
"(D) Improving training opportunities for staff.
"(E) Such other actions as the Secretary considers appropriate.
"SEC. 402. PILOT PROGRAM TO FURNISH MOBILE DEPLOYMENT TEAMS TO UNDERSERVED FACILITIES.
"(a)
"(b)
"(1) The medical positions of greatest need at underserved facilities.
"(2) The size and composition of teams to be deployed.
"(3) Such other elements as the Secretary considers necessary for effective oversight of the program established under subsection (a).
"(c)
"(d)
"(1)
"(2)
"(A) extending or expanding the pilot program; and
"(B) making the pilot program (or any aspect thereof) permanent.
"(e)
"(f)
Inventory of Medical Waste Management Activities at Department of Veterans Affairs Health Care Facilities
"(a)
"(1) A statement of the current national policy of the Department on managing and disposing of medical waste, including regulated medical waste in all its forms.
"(2) A description of the program of each geographic service area of the Department to manage and dispose of medical waste, including general medical waste and regulated medical waste, with a description of the primary methods used in those programs and the associated costs of those programs, with cost information shown separately for in-house costs (including full-time equivalent employees) and contract costs.
"(b)
"(1) The inventory established under subsection (a), including all the matters specified in that subsection.
"(2) A listing of each violation of medical waste management and disposal regulations reported at any health care facility of the Department over the preceding five years by any Federal or State agency, along with an explanation of any remedial or other action taken by the Secretary in response to each such reported violation.
"(3) A description of any plans to modernize, consolidate, or otherwise improve the management of medical waste and disposal programs at health care facilities of the Department, including the projected costs associated with such plans and any barriers to achieving goals associated with such plans.
"(4) An assessment or evaluation of the available methods of disposing of medical waste and identification of which of those methods are more desirable from an environmental perspective in that they would be least likely to result in contamination of air or water or otherwise cause future cleanup problems."
Conversion of Underused Space to Domiciliary-Care Beds
Policy of Comprehensive Veterans' Health-Care System
"(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
§8111. Sharing of Department of Veterans Affairs and Department of Defense health care resources
(a)
(b)
(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 plan of each Department under
(2) Jointly fund the Department of Veterans Affairs-Department of Defense Joint Executive Committee under
(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) Repealed.
(d)
(2) To facilitate the incentive program, 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 and shall be available for any purpose authorized by this section.
(3) The program under this subsection shall terminate on September 30, 2023.
(e)
(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
(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
(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 revised periodically as necessary. The two Secretaries 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)
(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 by the Department of Veterans Affairs-Department of Defense Joint Executive Committee under subsection (d)(3) of
(C) Any recommendation made by that committee under subsection (c)(2) of that section during that 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 (
(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 (
(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 (
(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 (
(g)
(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
(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
(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.
(Added
Editorial Notes
References in Text
The Bob Stump National Defense Authorization Act for Fiscal Year 2003, referred to in subsec. (f)(3), is
Prior Provisions
Provisions similar to those comprising this section were contained in former
Amendments
2019—Subsec. (d)(3).
2015—Subsec. (d)(3).
2009—Subsec. (d)(3).
2006—
Subsec. (b)(1).
Subsec. (d)(2).
Subsec. (d)(3).
Subsec. (d)(4).
Subsec. (e)(2).
2004—Subsec. (d)(2).
2003—Subsec. (b)(2).
Subsec. (c).
Subsec. (d)(1).
Subsec. (e)(1).
Subsec. (f)(2)(B), (C).
"(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).
2002—
Subsec. (g)(4).
Subsec. (g)(5).
1994—Subsec. (b)(2).
Subsec. (b)(4).
Subsec. (f)(6).
1992—Subsecs. (b)(2), (d)(5), (e).
1991—
Subsec. (a).
Subsec. (b).
Subsec. (c)(1).
Subsec. (f).
Subsec. (g).
1983—Subsec. (f).
1982—
Subsec. (a).
Subsecs. (b) to (g).
Statutory Notes and Related Subsidiaries
Effective Date of 2002 Amendment
Effective Date
Section 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
Report on Mental Health Programs by Department of Veterans Affairs and Department of Defense
"(1)
"(2)
"(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 Affairs
"(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 Affairs
"(a)
"(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.
"(b)
"(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 Project
"(a)
"(2) Reimbursement between the two Departments with respect to the project under this section shall be made in accordance with the provisions of
"(b)
"(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)
"(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)
"(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)
"(2) For purposes of paragraph (1), any reference in
"(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)
"(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)
"(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)
"(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 Retirees
"(a)
"(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
"(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)
"(c)
"(d)
"(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)
"(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
"(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
"(a)
"(1) give full force and effect to any agreement into which the Secretary or the Secretary of a military department entered under
"(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)
"SEC. 201. TEMPORARY EXPANSION OF AUTHORITY FOR SHARING AGREEMENTS.
"(a)
"(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
"(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
"(B) with respect to the Department of Defense, any person who is a covered beneficiary under
"(b)
"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
"(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, §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
"SEC. 206. ANNUAL REPORT.
"(a)
"(b)
"(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
"(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)
"(b)
Congressional 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. 13214
Ex. 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.
§8111A. Furnishing of health-care services to members of the Armed Forces during a war or national emergency
(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 T. Stafford Disaster Relief and Emergency Assistance Act (
(ii) A disaster or emergency in which the National Disaster Medical System established pursuant to section 2812 of the Public Health Service Act (
(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
(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
(B) hospital care for a veteran who—
(i) is receiving hospital care under
(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.
(Added
Editorial Notes
References in Text
The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (a)(2)(B)(i), is
Section 2812 of the Public Health Service Act, referred to in subsec. (a)(2)(B)(ii), is classified to
Amendments
2010—Subsec. (a)(2)(B)(ii).
2006—Subsec. (a)(2)(B)(i).
2002—Subsec. (a).
Subsec. (a)(2).
2000—Subsec. (f).
1996—Subsec. (b)(2)(A).
1992—Subsecs. (b)(2)(A), (e).
1991—
Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
"(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).
Statutory Notes and Related Subsidiaries
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the National Disaster Medical System, including the functions of the Secretary of Homeland Security and the Under Secretary for Emergency Preparedness and Response relating thereto, to the Secretary of Health and Human Services, see title III of
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 [now Assistant Secretary for Preparedness and Response] relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(5) and
Congressional 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."
Executive Documents
Executive Order No. 12751
Ex. Ord. No. 12751, Feb. 14, 1991, 56 F.R. 6787, which related to health care services for Operation Desert Storm, was revoked by Ex. Ord. No. 13350, July 29, 2004, 69 F.R. 46055, listed in a table under
1 See References in Text note below.
§8112. Partial relinquishment of legislative jurisdiction
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.
(Added
Editorial Notes
Prior Provisions
Provisions similar to those comprising this section were contained in former
Amendments
1991—
Statutory Notes and Related Subsidiaries
Effective Date
Section 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
§8113. Property formerly owned by National Home for Disabled Volunteer Soldiers
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.
(Added
Editorial Notes
Prior Provisions
Provisions similar to those comprising this section were contained in former
Amendments
1991—
Statutory Notes and Related Subsidiaries
Effective Date
Section 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
§8114. Use of federally owned facilities; use of personnel
(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.
(Added
Editorial Notes
Prior Provisions
Provisions similar to those comprising this section were contained in
Amendments
1991—
Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date
Section 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
§8115. Acceptance of certain property
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.
(Added
Editorial Notes
Prior Provisions
Provisions similar to those comprising this section were contained in former
Amendments
1991—
Statutory Notes and Related Subsidiaries
Effective Date
Section 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
§8116. Nursing home revolving fund
(a)(1) Amounts realized from a transfer pursuant to section 8122(a)(2)(C) 1 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
(Added
Repeal of Section
Editorial Notes
References in Text
Amendments
1991—
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective at the end of the 30-day period beginning on the date on which the Secretary of Veterans Affairs certifies to Congress that the Secretary is in compliance with
Transfer of Nursing Home Revolving Fund Balances and Receipts
For provisions relating to the transfer of balances and receipts from the Nursing Home Revolving Fund to the "Medical services" account, see section 115 of
1 See References in Text note below.
§8117. Emergency preparedness
(a)
(2) Actions under paragraph (1) shall include—
(A) the provision of decontamination equipment and personal protection equipment at Department medical centers;
(B) the provision of training in the use of such equipment to staff of such centers;
(C) organizing, training, and equipping the staff of such centers to support the activities carried out by the Secretary of Health and Human Services under section 2801 of the Public Health Service Act in the event of a public health emergency and incidents covered by the National Response Plan developed pursuant to section 502(6) 1 of the Homeland Security Act of 2002, or any successor plan; and
(D) providing medical logistical support to the National Disaster Medical System and the Secretary of Health and Human Services as necessary, on a reimbursable basis, and in coordination with other designated Federal agencies.
(b)
(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 (
(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)
(d)
(e)
(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 public health emergencies established under section 319F of the Public Health Service Act (
(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 Administrator of the Federal Emergency Management Agency.
(f)
(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).
(g)
(Added
Editorial Notes
References in Text
Section 2801 of the Public Health Service Act, referred to in subsec. (a)(1), is classified to
Section 502 of the Homeland Security Act of 2002, referred to in subsec. (a)(2)(C), probably means section 502 of
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
Amendments
2019—Subsec. (g).
2013—Subsec. (g).
2010—Subsec. (e)(1).
Subsec. (e)(2).
2008—Subsec. (a)(1).
2006—Subsec. (a)(1).
Subsec. (a)(2)(C), (D).
Subsec. (c).
Subsec. (d).
Subsec. (e)(1).
Subsec. (e)(2).
Subsec. (g).
Statutory Notes and Related Subsidiaries
Change of Name
"Administrator of the Federal Emergency Management Agency" substituted for "Director of the Federal Emergency Management Agency" in subsec. (e)(3)(C) on authority of section 612(c) of
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the National Disaster Medical System, including the functions of the Secretary of Homeland Security and the Under Secretary for Emergency Preparedness and Response relating thereto, to the Secretary of Health and Human Services, see title III of
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 [now Assistant Secretary for Preparedness and Response] relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(5) and
Enhancement of Emergency Preparedness of Department of Veterans Affairs
"[(a) Repealed.
"(b)
"(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.
"[(c) to (f) Repealed.
"(g)
"(1) To carry out activities required by subsection (a) of
"(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
"(A) $33,000,000 for fiscal year 2002; and
"(B) such sums as may be necessary for each of fiscal years 2003 through 2006."
1 See References in Text note below.
§8118. Authority for transfer of real property; Department of Veterans Affairs Capital Asset Fund
(a)(1) The Secretary may transfer real property under the jurisdiction or control of the Secretary (including structures and equipment associated therewith) to another department or agency of the United States, to a State (or a political subdivision of a State), or to any public or private entity, including an Indian tribe. Such a transfer may be made only if the Secretary receives compensation of not less than the fair market value of the property, except that no compensation is required, or compensation at less than fair market value may be accepted, in the case of a transfer to a grant and per diem provider (as defined in
(2) The Secretary may exercise the authority provided by this section notwithstanding
(3) The authority provided by this section may not be used in a case to which
(4) The Secretary may enter into partnerships or agreements with public or private entities dedicated to historic preservation to facilitate the transfer, leasing, or adaptive use of structures or properties specified in subsection (b)(3)(D).
(5) The authority of the Secretary under paragraph (1) expires on September 30, 2022.
(b)(1) There is established in the Treasury of the United States a revolving fund to be known as the Department of Veterans Affairs Capital Asset Fund (hereinafter in this section referred to as the "Fund"). Amounts in the Fund shall remain available until expended.
(2) Proceeds from the transfer of real property under this section shall be deposited into the Fund.
(3) To the extent provided in advance in appropriations Acts, amounts in the Fund may be expended for the following purposes:
(A) Costs associated with the transfer of real property under this section, including costs of demolition, environmental remediation, maintenance and repair, improvements to facilitate the transfer, and administrative expenses.
(B) Costs, including costs specified in subparagraph (A), associated with future transfers of property under this section.
(C) Costs associated with enhancing medical care services to veterans by improving, renovating, replacing, updating, or establishing patient care facilities through construction projects to be carried out for an amount less than the amount specified in 8104(a)(3)(A) for a major medical facility project.
(D) Costs, including costs specified in subparagraph (A), associated with the transfer, lease, or adaptive use of a structure or other property under the jurisdiction of the Secretary that is listed on the National Register of Historic Places.
(c) The Secretary shall include in the budget justification materials submitted to Congress for any fiscal year in support of the President's budget for that fiscal year for the Department specification of the following:
(1) The real property transfers to be undertaken in accordance with this section during that fiscal year.
(2) All transfers completed under this section during the preceding fiscal year and completed and scheduled to be completed during the fiscal year during which the budget is submitted.
(3) The deposits into, and expenditures from, the Fund that are incurred or projected for each of the preceding fiscal year, the current fiscal year, and the fiscal year covered by the budget.
(Added
Editorial Notes
Amendments
2020—Subsec. (a)(5).
2018—Subsec. (a)(5).
2011—Subsec. (a)(5).
Statutory Notes and Related Subsidiaries
Transfer of Unobligated Balances to Capital Asset Fund
[Section 411(d) of
§8119. Annual report on outpatient clinics
(a)
(b)
(1) A list of each community-based outpatient clinic and other outpatient clinic of the Department, and for each such clinic, the type of clinic, location, size, number of health professionals employed by the clinic, workload, whether the clinic is leased or constructed and operated by the Secretary, and the annual cost of operating the clinic.
(2) A list of community-based outpatient clinics and other outpatient clinics that the Secretary opened during the fiscal year preceding the fiscal year during which the report is submitted and a list of clinics the Secretary proposes opening during the fiscal year during which the report is submitted and the subsequent fiscal year, together with the cost of activating each such clinic and the information required to be provided under paragraph (1) for each such clinic and proposed clinic.
(3) A list of proposed community-based outpatient clinics and other outpatient clinics that are, as of the date of the submission of the report, under review by the National Review Panel and a list of possible locations for future clinics identified in the Department's strategic planning process, including any identified locations in rural and underserved areas.
(4) A prioritized list of sites of care identified by the Secretary that the Secretary could establish without carrying out construction or entering into a lease, including—
(A) any such sites that could be expanded by hiring additional staff or allocating staff to Federal facilities or facilities operating in collaboration with the Federal Government; and
(B) any sites established, or able to be established, under
(Added
Statutory Notes and Related Subsidiaries
Deadline for First Annual Report
§8120. Quarterly report on super construction projects
(a)
(1) the budgetary and scheduling status of the project, as of the last day of the quarter covered by the report; and
(2) the actual cost and schedule variances of the project, as of such day, compared to the planned cost and schedules for the project.
(b)
(Added
SUBCHAPTER II—PROCUREMENT AND SUPPLY
§8121. Revolving supply fund
(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.
(b) The Secretary may authorize the Secretary of Defense to make purchases through the fund in the same manner as activities of the Department. When services, equipment, or supplies are furnished to the Secretary of Defense through the fund, the reimbursement required by paragraph (2) of subsection (a) shall be made from appropriations made to the Department of Defense, and when services or supplies are to be furnished to the Department of Defense, the fund may be credited, as provided in paragraph (3) of subsection (a), with advances from appropriations available to the Department of Defense.
(c) 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.
(d) 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.
(e) 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.
(
Editorial Notes
Amendments
2003—
1991—
Subsec. (a).
Subsec. (c).
1980—Subsec. (a).
1976—Subsec. (c).
1961—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 2003 Amendment
Effective Date of 1980 Amendment
Effective Date of 1976 Amendment
Amendment by
§8122. Authority to procure and dispose of property and to negotiate for common services
(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 6101(b) to (d) of title 41. Notwithstanding
(2) Except as provided in paragraph (3), the Secretary may not during any fiscal year transfer to any other department or agency of the United States or to any other entity real property that is owned by the United States and administered by the Secretary unless the proposed transfer is described in the budget submitted to Congress pursuant to
(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
(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
(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, whenever such services are not reasonably available from private commercial sources. Notwithstanding this exclusion, the provisions of
(d)(1) 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
(2) The Secretary may transfer real property under this section, or under
(A) places a notice in the real estate section of local newspapers and in the Federal Register of the Secretary's intent to transfer that real property (including land, structures, and equipment associated with the property);
(B) holds a public hearing;
(C) provides notice to the Administrator of General Services of the Secretary's intention to transfer that real property and waits for 30 days to elapse after providing that notice; and
(D) after such 30-day period has elapsed, notifies the congressional veterans' affairs committees of the Secretary's intention to dispose of the property and waits for 60 days to elapse from the date of that notice.
(
Editorial Notes
References in Text
Section 302(c) of the Federal Property and Administrative Services Act of 1949, referred to in subsec. (c), was section 302(c) of act June 30, 1949, ch. 288,
Amendments
2011—Subsec. (a)(1).
Subsec. (c).
2004—Subsec. (a)(2).
"(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
"(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
Subsec. (d).
2002—Subsec. (a)(1).
2001—Subsec. (d).
1991—
Subsec. (a).
Subsecs. (b), (c).
Subsec. (d).
1988—Subsec. (a)(2).
"(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).
1983—Subsec. (a)(2)(A).
Subsec. (d).
1982—Subsec. (a).
Subsec. (c).
1980—Subsec. (a).
1979—Subsec. (b).
1976—Subsec. (a).
Subsec. (b).
Subsec. (c).
1973—Subsec. (a).
1966—
Statutory Notes and Related Subsidiaries
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1976 Amendment
Amendment by
Effective Date of 1973 Amendment
Amendment by
VA Asset and Infrastructure Review
"SEC. 201. SHORT TITLE.
"This subtitle may be cited as the 'VA Asset and Infrastructure Review Act of 2018'.
"SEC. 202. THE COMMISSION.
"(a)
"(b)
"(c)
"(1)
"(A)
"(B)
"(2)
"(A) the Speaker of the House of Representatives;
"(B) the majority leader of the Senate;
"(C) the minority leader of the House of Representatives;
"(D) the minority leader of the Senate; and
"(E) congressionally chartered, membership based veterans service organizations concerning the appointment of three members.
"(3)
"(4)
"(A) veterans, reflecting current demographics of veterans enrolled in the system of annual patient enrollment under
"(B) at least one member of the Commission has experience working for a private integrated health care system that has annual gross revenues of more than $50,000,000;
"(C) at least one member has experience as a senior manager for an entity specified in clause (ii), (iii), or (iv) of section 101(a)(1)(B) of the Veterans Access, Choice, and Accountability Act of 2014 (
"(D) at least one member—
"(i) has experience with capital asset management for the Federal Government; and
"(ii) is familiar with trades related to building and real property, including construction, engineering, architecture, leasing, and strategic partnerships; and
"(E) at least three members represent congressionally chartered, membership-based, veterans service organizations.
"(d)
"(1)
"(2)
"(A)
"(B)
"(e)
"(f)
"(1)
"(2)
"(3)
"(g)
"(1)
"(A) has not served as an employee of the Department of Veterans Affairs during the 1-year period preceding the date of such appointment; and
"(B) is not otherwise barred or prohibited from serving as Director under Federal ethics laws and regulations, by reason of post-employment conflict of interest.
"(2)
"(h)
"(1)
"(2)
"(3)
"(A)
"(B)
"(C)
"(4)
"(5)
"(i)
"(1)
"(2)
"(j)
"(k)
"(1)
"(2)
"SEC. 203. PROCEDURE FOR MAKING RECOMMENDATIONS.
"(a)
"(1)
"(2)
"(3)
"(b)
"(1)
"(2)
"(A) The degree to which any health care delivery or other site for providing services to veterans reflect the metrics of the Department of Veterans Affairs regarding market area health system planning.
"(B) The provision of effective and efficient access to high-quality health care and services for veterans.
"(C) The extent to which the real property that no longer meets the needs of the Federal Government could be reconfigured, repurposed, consolidated, realigned, exchanged, outleased, replaced, sold, or disposed.
"(D) The need of the Veterans Health Administration to acquire infrastructure or facilities that will be used for the provision of health care and services to veterans.
"(E) The extent to which the operating and maintenance costs are reduced through consolidating, colocating, and reconfiguring space, and through realizing other operational efficiencies.
"(F) The extent and timing of potential costs and savings, including the number of years such costs or savings will be incurred, beginning with the date of completion of the proposed recommendation.
"(G) The extent to which the real property aligns with the mission of the Department of Veterans Affairs.
"(H) The extent to which any action would impact other missions of the Department (including education, research, or emergency preparedness).
"(I) Local stakeholder inputs and any factors identified through public field hearings.
"(J) The assessments under paragraph (3).
"(K) The extent to which the Veterans Health Administration has appropriately staffed the medical facility, including determinations whether there has been insufficient resource allocation or deliberate understaffing.
"(L) Any other such factors the Secretary determines appropriate.
"(3)
"(A)
"(i) identify gaps in furnishing such care or services at such Veterans Integrated Service Network or medical facility;
"(ii) identify how such gaps can be filled by—
"(I) entering into contracts or agreements with network providers under this section or with entities under other provisions of law;
"(II) making changes in the way such care and services are furnished at such Veterans Integrated Service Network or medical facility, including—
"(aa) extending hours of operation;
"(bb) adding personnel; or
"(cc) expanding space through the construction, leasing, or sharing of health care facilities; and
"(III) the building or realignment of Department resources or personnel;
"(iii) forecast, based on future projections and historical trends, both the short- and long-term demand in furnishing care or services at such Veterans Integrated Service Network or medical facility and assess how such demand affects the needs to use such network providers;
"(iv) include a commercial health care market assessment of designated catchment areas in the United States conducted by a non-governmental entity; and
"(v) consider the unique ability of the Federal Government to retain a presence in an area otherwise devoid of commercial health care providers or from which such providers are at risk of leaving.
"(B)
"(C)
"(4)
"(5)
"(6)
"(7)
"(A)
"(B)
"(i) Each Under Secretary of the Department of Veterans Affairs.
"(ii) Each director of a Veterans Integrated Service Network.
"(iii) Each director of a medical center of the Department of Veterans Affairs.
"(iv) Each director of a program office of the Department of Veterans Affairs.
"(v) Each person who is in a position the duties of which include personal and substantial involvement in the preparation and submission of information and recommendations concerning the modernization or realignment of facilities of the Veterans Health Administration.
"(c)
"(1)
"(A)
"(B)
"(C)
"(i) a veteran—
"(I) enrolled under
"(II) identified by a local veterans service organization; and
"(ii) a local elected official.
"(2)
"(A)
"(B)
"(i) determines that the Secretary deviated substantially from the final criteria referred to in subsection (a)(2) in making such recommendation;
"(ii) determines that the change is consistent with the final criteria referred to in subsection (a)(2);
"(iii) publishes a notice of the proposed change in the Federal Register not less than 45 days before transmitting its recommendations to the President pursuant to subparagraph (A); and
"(iv) conducts public hearings on the proposed change.
"(3)
"(4)
"(d)
"(1)
"(2)
"(3)
"(A) the Commission's findings and conclusions based on a review and analysis of those reasons for disapproval provided by the President; and
"(B) recommendations that the Commission determines are appropriate for modernizations and realignments of facilities of the Veterans Health Administration.
"(4)
"(5)
"SEC. 204. ACTIONS REGARDING INFRASTRUCTURE AND FACILITIES OF THE VETERANS HEALTH ADMINISTRATION.
"(a)
"(1) the planning of modernizations and realignments of facilities of the Veterans Health Administration as recommended in such report; and
"(2) providing detailed information on the budget for such modernizations or realignments in documents submitted to Congress by the Secretary in support of the President's budget for that fiscal year.
"(b)
"(1)
"(A) the end of the 45-day period beginning on the date on which the President transmits such report; or
"(B) the adjournment of Congress sine die for the session during which such report is transmitted.
"(2)
"SEC. 205. IMPLEMENTATION.
"(a)
"(1)
"(A) take such actions as may be necessary to modernize or realign any such facility, including the alteration of such facilities, the acquisition of such land, the leasing or construction of such replacement facilities, the disposition of such land or facilities, the performance of such activities, and the conduct of such advance planning and design as may be required to transfer functions from a facility of the Veterans Health Administration to another such facility, and may use for such purpose funds in the Account or funds appropriated to the Department of Veterans Affairs for such purposes;
"(B) carry out activities for the purposes of environmental mitigation, abatement, or restoration at any such facility, and shall use for such purposes funds in the Account;
"(C) reimburse other Federal agencies for actions performed at the request of the Secretary with respect to any such closure or realignment, and may use for such purpose funds in the Account or funds appropriated to the Department of Veterans Affairs and available for such purpose; and
"(D) exercise the authority of the Secretary under subchapter V of
"(2)
"(A) Environmental mitigation.
"(B) Environmental abatement.
"(C) Environmental restoration.
"(D) Compliance with historic preservation requirements.
"(b)
"(1)
"(2)
"(A)
"(B)
"(i) shall consult with the Government of the State and the heads of the local governments concerned for the purpose of considering the continued availability of the road for public use after the recommended action is complete; and
"(ii) may exercise the authority of the Secretary under
"(3)
"(A)
"(i)
"(ii)
"(iii)
"(iv)
"(v)
"(I) municipal services that a State or local government is required by law to provide to all landowners in its jurisdiction without direct charge; or
"(II) firefighting or security-guard functions.
"(B)
"(C)
"(4)
"(c)
"(1)
"(2)
"(A)
"(i) during the process of property disposal; and
"(ii) during the process of relocating functions from a facility of the Veterans Health Administration being closed or realigned to another facility after the receiving facility has been selected but before the functions are relocated.
"(B)
"(i) the need for closing or realigning the facility of the Veterans Health Administration as recommended by the Commission;
"(ii) the need for transferring functions to any facility of the Veterans Health Administration which has been selected as the receiving facility; or
"(iii) facilities of the Veterans Health Administration alternative to those recommended or selected.
"(d)
"(1)
"(2)
"(e)
"(1)
"(A)
"(B)
"(2)
"(A) the costs of all environmental restoration, waste management, and environmental compliance activities otherwise to be paid by the Secretary with respect to the facility of the Veterans Health Administration are equal to or greater than the fair market value of the property or facilities to be transferred, as determined by the Secretary; or
"(B) if such costs are lower than the fair market value of the facility of the Veterans Health Administration, the recipient of such transfer agrees to pay the difference between the fair market value and such costs.
"(3)
"(A) the amount by which the costs incurred by the recipient of the facility of the Veterans Health Administration for all environmental restoration, waste, management, and environmental compliance activities with respect to such facility exceed the fair market value of such property as specified in such certification; or
"(B) the amount by which the costs (as determined by the Secretary) that would otherwise have been incurred by the Secretary for such restoration, management, and activities with respect to such facility of the Veterans Health Administration exceed the fair market value of property as so specified.
"(4)
"(5)
"SEC. 206. DEPARTMENT OF VETERANS AFFAIRS ASSET AND INFRASTRUCTURE REVIEW ACCOUNT.
"(a)
"(b)
"(1) Funds authorized for and appropriated to the Account.
"(2) Proceeds received from the lease, transfer, or disposal of any property at a facility of the Veterans Health Administration closed or realigned under this subtitle.
"(c)
"(1) To carry out this subtitle.
"(2) To cover property management and disposal costs incurred at facilities of the Veterans Health Administration closed, modernized, or realigned under this subtitle.
"(3) To cover costs associated with supervision, inspection, overhead, engineering, and design of construction projects undertaken under this subtitle, and subsequent claims, if any, related to such activities.
"(4) Other purposes that the Secretary determines support the mission and operations of the Department of Veterans Affairs.
"(d)
"(1)
"(A) details the amount and nature of credits to, and expenditures from, the Account during the preceding fiscal year;
"(B) separately details the environmental remediation costs associated with facility of the Veterans Health Administration for which a budget request is made;
"(C) specifies the transfers into the Account and the purposes for which these transferred funds will be further obligated, to include caretaker and environment remediation costs associated with each facility of the Veterans Health Administration; and
"(D) details any intra-budget activity transfers within the Account that exceeded $1,000,000 during the preceding fiscal year or that are proposed for the next fiscal year and will exceed $1,000,000.
"(2)
"(e)
"(1)
"(2)
"(A) all the funds credited to and expended from the Account or otherwise expended under this subtitle; and
"(B) any funds remaining in the Account.
"SEC. 207. CONGRESSIONAL CONSIDERATION OF COMMISSION REPORT.
"(a)
"(1) which does not have a preamble;
"(2) the matter after the resolving clause of which is as follows: 'that Congress disapproves the recommendations of the VHA Asset and Infrastructure Review Commission as submitted by the President on ______', the blank space being filled with the appropriate date; and
"(3) the title of which is as follows: 'Joint resolution disapproving the recommendations of the VHA Asset and Infrastructure Review Commission.'.
"(b)
"(1)
"(2)
"(3)
"(c)
"(1)
"(2)
"(3)
"(A)
"(B)
"(C)
"(D)
"(d)
"(e)
"(1)
"(A) The joint resolution of the other House shall not be referred to a committee.
"(B) With respect to the joint resolution of the House receiving the joint resolution—
"(i) the procedure in that House shall be the same as if no joint resolution had been received from the other House; but
"(ii) the vote on passage shall be on the joint resolution of the other House.
"(2)
"(3)
"(f)
"(1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution, and it supersedes other rules only to the extent that it is inconsistent with such rules; and
"(2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.
"SEC. 208. OTHER MATTERS.
"(a)
"(1)
"(2)
"(A) The Secretary of Veterans Affairs.
"(B) The Commission.
"(C) The President.
"(b)
"(1) a construction or leasing project of the Veterans Health Administration;
"(2) long term planning regarding infrastructure and assets of the Veterans Health Administration; or
"(3) budgetary processes for the Veterans Health Administration.
"(c)
"SEC. 209. DEFINITIONS.
"In this subtitle:
"(1) The term 'Account' means the Department of Veterans Affairs Asset and Infrastructure Review Account established by section 206(a).
"(2) The term 'Commission' means the Commission established by section 202.
"(3) The term 'date of approval', with respect to a modernization or realignment of a facility of the Veterans Health Administration, means the date on which the authority of Congress to disapprove a recommendation of modernization or realignment, as the case may be, of such facility under this subtitle expires.
"(4) The term 'facility of the Veterans Health Administration'—
"(A) means any land, building, structure, or infrastructure (including any medical center, nursing home, domiciliary facility, outpatient clinic, center that provides readjustment counseling, or leased facility) that is—
"(i) under the jurisdiction of the Department of Veterans Affairs;
"(ii) under the control of the Veterans Health Administration; and
"(iii) not under the control of the General Services Administration; or
"(B) with respect to a colocated facility of the Department of Veterans Affairs, includes any land, building, or structure—
"(i) under the jurisdiction of the Department of Veterans Affairs;
"(ii) under the control of another administration of the Department of Veterans Affairs; and
"(iii) not under the control of the General Services Administration.
"(5) The term 'infrastructure' means improvements to land other than buildings or structures.
"(6) The term 'modernization' includes—
"(A) any action, including closure, required to align the form and function of a facility of the Veterans Health Administration to the provision of modern day health care, including utilities and environmental control systems;
"(B) the construction, purchase, lease, or sharing of a facility of the Veterans Health Administration; and
"(C) realignments, disposals, exchanges, collaborations between the Department of Veterans Affairs and other Federal entities, and strategic collaborations between the Department and non-Federal entities, including tribal organizations.
"(7) The term 'realignment', with respect to a facility of the Veterans Health Administration, includes—
"(A) any action that changes the numbers of or relocates services, functions, and personnel positions;
"(B) disposals or exchanges between the Department of Veterans Affairs and other Federal entities, including the Department of Defense; and
"(C) strategic collaborations between the Department of Veterans Affairs and non-Federal entities, including tribal organizations.
"(8) The term 'redevelopment authority', in the case of a facility of the Veterans Health Administration closed or modernized under this subtitle, means any entity (including an entity established by a State or local government) recognized by the Secretary of Veterans Affairs as the entity responsible for developing the redevelopment plan with respect to the facility or for directing the implementation of such plan.
"(9) The term 'redevelopment plan'[,] in the case of a facility of the Veterans Health Administration to be closed or realigned under this subtitle, means a plan that—
"(A) is agreed to by the local redevelopment authority with respect to the facility; and
"(B) provides for the reuse or redevelopment of the real property and personal property of the facility that is available for such reuse and redevelopment as a result of the closure or realignment of the facility.
"(10) The term 'Secretary' means the Secretary of Veterans Affairs.
"(11) The term 'tribal organization' has the meaning given such term in
Transfer of Real Property Deemed Described in Budget for Fiscal Year 1989
1 See References in Text note below.
§8123. Procurement of prosthetic appliances
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.
(
Editorial Notes
Amendments
1991—
1976—
Statutory Notes and Related Subsidiaries
Effective Date of 1976 Amendment
Amendment by
§8124. Grant of easements in Government-owned lands
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.
(
Editorial Notes
Amendments
1991—
1976—
Statutory Notes and Related Subsidiaries
Effective Date of 1976 Amendment
Amendment by
§8125. Procurement of health-care items
(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) 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.
(Added
Editorial Notes
Amendments
2014—Subsecs. (d), (e).
2001—Subsec. (d)(1).
Subsec. (d)(2).
Subsec. (d)(3).
1992—Subsec. (b)(1)(B)(ii).
1991—
Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsecs. (d), (e).
1988—Subsec. (d)(1).
Subsec. (d)(2).
Subsec. (d)(3).
Subsec. (e)(1).
Statutory Notes and Related Subsidiaries
Effective Date
"(1) Subsections (a), (b)(1), and (b)(2) of section 5025 [now 8125] of
"(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."
Medical Surgical Prime Vendor Program
"(a)
"(1) requires the Secretary to award contracts to multiple regional prime vendors instead of a single nationwide prime vendor; and
"(2) prohibits a prime vendor from solely designing the formulary of such supplies.
"(b)
"(1)
"(2)
Standardization of Medical and Pharmaceutical Items
§8126. Limitation on prices of drugs procured by Department and certain other Federal agencies
(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
(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.
(Added
Editorial Notes
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,
The Public Health Service Act, referred to in subsec. (a)(4)(C), is act July 1, 1944, ch. 373,
Enactment of this section, referred to in subsec. (g)(2), means enactment of
Amendments
1997—Subsec. (h)(2).
1996—Subsec. (b)(4).
1994—Subsec. (e)(1)(A).
Subsec. (f)(2).
Subsec. (g)(1), (2).
1993—Subsec. (a)(2).
Subsec. (c).
Subsec. (d)(1).
Subsec. (i).
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment
Effective Date of 1993 Amendment
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
§8127. Small business concerns owned and controlled by veterans: contracting goals and preferences
(a)
(A) establish a goal for each fiscal year for participation in Department contracts (including subcontracts) by small business concerns owned and controlled by veterans who are not veterans with service-connected disabilities in accordance with paragraph (2); and
(B) establish a goal for each fiscal year for participation in Department contracts (including subcontracts) by small business concerns owned and controlled by veterans with service-connected disabilities in accordance with paragraph (3).
(2) The goal for a fiscal year for participation under paragraph (1)(A) shall be determined by the Secretary.
(3) The goal for a fiscal year for participation under paragraph (1)(B) shall be not less than the Government-wide goal for that fiscal year for participation by small business concerns owned and controlled by veterans with service-connected disabilities under section 15(g)(1) of the Small Business Act (
(4) The Secretary shall establish a review mechanism to ensure that, in the case of a subcontract of a Department contract that is counted for purposes of meeting a goal established pursuant to this section, the subcontract was actually awarded to a business concern that may be counted for purposes of meeting that goal.
(b)
(c)
(1) such concern is determined to be a responsible source with respect to performance of such contract opportunity;
(2) the anticipated award price of the contract (including options) will exceed the simplified acquisition threshold (as defined in
(3) in the estimation of the contracting officer, the contract award can be made at a fair and reasonable price that offers best value to the United States.
(d)
(2)(A) Notwithstanding paragraph (1) and except as provided by subparagraph (B) of this paragraph, with respect to the procurement of a covered product or service, a contracting officer of the Department shall procure such product or service from a source designated under
(B)(i) Subject to clause (ii), subparagraph (A) shall not apply in the case of a covered product or service for which a contract was—
(I) awarded under paragraph (1) after December 22, 2006; and
(II) in effect on the day before the date of the enactment of the Department of Veterans Affairs Contracting Preference Consistency Act of 2020.
(ii) Clause (i) shall cease to apply to a covered product or service described in such clause upon a determination of the Secretary that when the current contract for the covered product or service is terminated or expires there is no reasonable expectation that—
(I) two or more small business concerns owned and controlled by veterans will submit offers as described in paragraph (1); and
(II) the award can be made at a fair and reasonable price that offers best value to the United States.
(C) In this paragraph, the term "covered product or service" means—
(i) a product or service that—
(I) is included on the procurement list under
(II) was included on such procurement list on or before December 22, 2006; or
(ii) a product or service that—
(I) is a replacement for a product or service described under clause (i);
(II) is essentially the same and meeting the same requirement as the product or service being replaced; and
(III) a contracting officer determines meets the quality standards and delivery schedule of the Department.
(e)
(f)
(2)(A) To be eligible for inclusion in the database, such a veteran shall submit to the Secretary such information as the Secretary may require with respect to the small business concern or the veteran. Application for inclusion in the database shall constitute permission under
(B) If the Secretary receives an application for inclusion in the database from an individual whose status as a veteran cannot be verified because the Secretary does not maintain information with respect to the veteran status of the individual, the Secretary may not include the small business concern owned and controlled by the individual in the database maintained by the Secretary until the Secretary receives such information as may be necessary to verify that the individual is a veteran.
(3) Information maintained in the database shall be submitted on a voluntary basis by such veterans.
(4) No small business concern may be listed in the database until the Secretary has verified, using regulations issued by the Administrator of the Small Business Administration with respect to the status of the concern as a small business concern and the ownership and control of such concern, that—
(A) the small business concern is owned and controlled by veterans; and
(B) in the case of a small business concern for which the person who owns and controls the concern indicates that the person is a veteran with a service-connected disability, that the person is a veteran with a service-connected disability.
(5) The Secretary shall make the database available to all Federal departments and agencies and shall notify each such department and agency of the availability of the database.
(6) If the Secretary determines that the public dissemination of certain types of information maintained in the database is inappropriate, the Secretary shall take such steps as are necessary to maintain such types of information in a secure and confidential manner.
(7) The Secretary may not issue regulations related to the status of a concern as a small business concern and the ownership and control of such small business concern.
(8)(A) If a small business concern is not included in the database because the Secretary does not verify the status of the concern as a small business concern or the ownership or control of the concern, the concern may appeal the denial of verification to the Office of Hearings and Appeals of the Small Business Administration (as established under section 5(i) of the Small Business Act). The decision of the Office of Hearings and Appeals shall be considered a final agency action.
(B)(i) If an interested party challenges the inclusion in the database of a small business concern owned and controlled by veterans or a small business concern owned and controlled by veterans with service-connected disabilities based on the status of the concern as a small business concern or the ownership or control of the concern, the challenge shall be heard by the Office of Hearings and Appeals of the Small Business Administration as described in subparagraph (A). The decision of the Office of Hearings and Appeals shall be considered final agency action.
(ii) In this subparagraph, the term "interested party" means—
(I) the Secretary; or
(II) in the case of a small business concern that is awarded a contract, the contracting officer of the Department or another small business concern that submitted an offer for the contract that was awarded to the small business concern that is the subject of a challenge made under clause (i).
(C) For each fiscal year, the Secretary shall reimburse the Administrator of the Small Business Administration in an amount necessary to cover any cost incurred by the Office of Hearings and Appeals of the Small Business Administration for actions taken by the Office under this paragraph. The Administrator is authorized to accept such reimbursement. The amount of any such reimbursement shall be determined jointly by the Secretary and the Administrator and shall be provided from fees collected by the Secretary under multiple-award schedule contracts. Any disagreement about the amount shall be resolved by the Director of the Office of Management and Budget.
(g)
(2) In the case of a debarment under paragraph (1), the Secretary shall commence debarment action against the business concern by not later than 30 days after determining that the concern willfully and intentionally misrepresented the status of the concern as described in paragraph (1) and shall complete debarment actions against such concern by not later than 90 days after such determination.
(3) The debarment of a business concern under paragraph (1) includes the debarment of all principals in the business concern for a period of not less than five years.
(h)
(1) Contracts awarded pursuant to subsection (b), (c), or (d) to small business concerns owned and controlled by veterans with service-connected disabilities.
(2) Contracts awarded pursuant to subsection (b), (c), or (d) to small business concerns owned and controlled by veterans that are not covered by paragraph (1).
(3) Contracts awarded pursuant to—
(A) section 8(a) of the Small Business Act (
(B) section 31 of such Act (
(4) Contracts awarded pursuant to any other small business contracting preference.
(i)
(2) Nothing in this subsection shall be construed to supersede or otherwise affect the authorities provided under the Small Business Act (
(j)
(1) The percentage of the total amount of all contracts awarded by the Department during that fiscal year that were awarded to small business concerns owned and controlled by veterans.
(2) The percentage of the total amount of all such contracts awarded to small business concerns owned and controlled by veterans with service-connected disabilities.
(3) The percentage of the total amount of all contracts awarded by each Administration of the Department during that fiscal year that were awarded to small business concerns owned and controlled by veterans.
(4) The percentage of the total amount of all contracts awarded by each such Administration during that fiscal year that were awarded to small business concerns owned and controlled by veterans with service-connected disabilities.
(k)
(B) For purposes of applying the requirements of section 46 of the Small Business Act (
(2) The Secretary may award a contract under this section only after the Secretary obtains from the offeror a certification that the offeror will comply with the requirements described in paragraph (1)(A) if awarded the contract. Such certification shall—
(A) specify the exact performance requirements applicable under such paragraph; and
(B) explicitly acknowledge that the certification is subject to
(3)(A) The Director of Small and Disadvantaged Business Utilization for the Department, established pursuant to section 15(k) of the Small Business Act (
(B) The Director of Small and Disadvantaged Business Utilization and the Chief Acquisition Officer shall jointly refer any violations or suspected violations of this subsection to the Inspector General of the Department.
(C) If the Secretary determines, in consultation with the Inspector General of the Department, that a small business concern that is awarded a contract under this section did not act in good faith with respect to the requirements described in paragraph (1)(A), the small business concern shall be subject to any or all of the following consequences—
(i) referral to the Debarment and Suspension Committee of the Department;
(ii) a fine under section 16(g)(1) of the Small Business Act (
(iii) prosecution for violating
(D) Not later than November 30 for each of fiscal years 2021 through 2025, the Inspector General shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report for the fiscal year preceding the fiscal year during which the report is submitted that includes, for the fiscal year covered by the report—
(i) the number of referred violations and suspected violations received under subparagraph (B); and
(ii) the disposition of such referred violations, including the number of small business concerns suspended or debarred from Federal contracting or referred to the Attorney General for prosecution.
(l)
(1) The term "small business concern" has the meaning given that term under section 3 of the Small Business Act (
(2) The term "small business concern owned and controlled by veterans" has the meaning given that term under section 3(q)(3) of the Small Business Act (
(3) The term "small business concern owned and controlled by veterans with service-connected disabilities" has the meaning given the term "small business concern owned and controlled by service-disabled veterans" under section 3(q)(2) of the Small Business Act (
(Added
Editorial Notes
References in Text
The date of the enactment of the Department of Veterans Affairs Contracting Preference Consistency Act of 2020, referred to in subsec. (d)(2)(B)(i)(II), is the date of enactment of
The Small Business Act, referred to in subsecs. (f)(8)(A) and (i)(2), is
Amendments
2020—Subsecs. (b), (c).
Subsec. (d).
Subsecs. (k), (l).
2016—Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (f)(1).
Subsec. (f)(4).
Subsec. (f)(7).
Subsec. (f)(8).
Subsec. (h).
Subsec. (h)(2)(C).
Subsec. (h)(3).
Subsecs. (i), (j).
Subsec. (k).
Subsec. (k)(2).
"(A)(i) not less than 51 percent of which is owned by one or more veterans or, in the case of a publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
"(ii) the management and daily business operations of which are controlled by one or more veterans; or
"(B) not less than 51 percent of which is owned by one or more veterans with service-connected disabilities that are permanent and total who are unable to manage the daily business operations of such concern or, in the case of a publicly owned business, not less than 51 percent of the stock of which is owned by one or more such veterans."
Subsec. (k)(3).
Subsec. (l).
2012—Subsec. (g).
2011—Subsecs. (b), (c)(2).
2010—Subsec. (f)(2).
Subsec. (f)(4).
"(A) Verification that each small business concern listed in the database is owned and controlled by veterans.
"(B) In the case of a veteran who indicates a service-connected disability, verification of the service-disabled status of such veteran."
2008—Subsecs. (j) to (l).
Statutory Notes and Related Subsidiaries
Effective Date of 2020 Amendment
Effective Date of 2016 Amendment
Amendment by section 1832(b), (d) of
Effective Date
Transition Provisions
"(A) the Secretary is required to verify the status of the concern in accordance with such paragraph, as so amended;
"(B) verification of such status shall require that the person who owns and controls the concern apply for inclusion in the database in accordance with such subsection, as so amended;
"(C) application for inclusion in the database shall constitute permission under
"(D) the person who owns and controls the concern must submit to the Secretary all information required by the Secretary under this paragraph within 90 days of receiving the Secretary's notice of such requirement or the concern shall be removed from the database."
§8128. Small business concerns owned and controlled by veterans: contracting priority
(a)
(b)
(Added
Statutory Notes and Related Subsidiaries
Effective Date
SUBCHAPTER III—STATE HOME FACILITIES FOR FURNISHING DOMICILIARY, NURSING HOME, AND HOSPITAL CARE
Editorial Notes
Amendments
1977—
§8131. Definitions
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.
(Added
Editorial Notes
Amendments
1996—Par. (3).
1991—
Par. (4).
1986—
1977—Par. (c).
Par. (d).
1976—Par. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 1986 Amendment
Effective Date of 1977 Amendment
"(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
"(b)(1) The terms and conditions of any grant made prior to October 1, 1977, under
"(2) With respect to any grant made prior to October 1, 1977, under subchapter III of
Effective Date of 1976 Amendment
Amendment by
Short Title of 1977 Amendment
For short title of
§8132. Declaration of purpose
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.
(Added
Editorial Notes
Amendments
1996—
1991—
1984—
1977—
1976—
Statutory Notes and Related Subsidiaries
Effective Date of 1977 Amendment
Amendment by
Effective Date of 1976 Amendment
Amendment by
§8133. Authorization of appropriations
(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.
(Added
Editorial Notes
Amendments
1992—Subsec. (a).
1991—
Subsec. (a).
1989—Subsec. (a).
1986—Subsec. (a).
1982—Subsec. (a).
1979—Subsec. (a).
1977—Subsec. (a).
Subsec. (b).
1973—Subsec. (a).
1968—Subsec. (a).
1965—Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1989 Amendment
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1977 Amendment
Amendment by
Effective Date of 1973 Amendment
Amendment by
§8134. General regulations
(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
(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
(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.
(Added
Editorial Notes
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
Amendments
1999—Subsecs. (a), (b).
Subsec. (c).
Subsec. (d).
1991—
1984—Pars. (2), (3).
1980—Par. (1).
1977—Par. (2).
Par. (3).
1976—
1973—Par. (1).
1965—Par. (1).
Statutory Notes and Related Subsidiaries
Effective Date of 1977 Amendment
Amendment by
Effective Date of 1976 Amendment
Amendment by
Effective Date of 1973 Amendment
Amendment by
Regulations
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
§8135. Applications with respect to projects; payments
(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
(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
(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
(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.
(Added
Editorial Notes
Amendments
2002—Subsec. (a)(8).
1999—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (c)(1).
Subsec. (c)(2)(A).
Subsec. (c)(2)(B) to (H).
"(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).
Subsecs. (d) to (f).
1996—Subsec. (b)(2)(C).
Subsec. (b)(3)(A).
1994—Subsec. (a)(3).
1992—Subsec. (b)(6)(A).
Subsec. (b)(6)(B).
1991—
Subsec. (a).
Subsec. (b).
Subsec. (b)(1)(A).
Subsecs. (c), (d).
1988—Subsec. (b)(4).
Subsec. (b)(6), (7).
1986—Subsec. (b).
Subsec. (d).
1985—Subsec. (a)(6).
Subsec. (b).
1984—Subsec. (a).
Subsec. (a)(1).
Subsec. (a)(6).
Subsec. (a)(8).
Subsec. (a)(9).
Subsec. (b)(2).
Subsec. (b)(4).
Subsec. (d)(1).
1982—Subsecs. (a)(1), (4), (b)(2), (d)(1).
1977—Subsec. (a).
Subsec. (b)(3).
Subsec. (c).
Subsec. (d).
Subsec. (e).
1976—Subsec. (a)(4).
Subsec. (b).
1973—Subsecs. (a)(1), (b)(2), (d).
1965—Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1992 Amendment
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1977 Amendment
Amendment by
Effective Date of 1976 Amendment
Amendment by
Effective Date of 1973 Amendment
Amendment by
Regulations
Transition Provisions
"(1) The provisions of
"(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
"(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
"(C) the term 'State home grant program' means the grant program under subchapter III of
§8136. Recapture provisions
(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.
(Added
Editorial Notes
Amendments
2000—
1992—
1991—
1984—
1982—
1977—
1976—
1973—
Statutory Notes and Related Subsidiaries
Effective Date of 1977 Amendment
Amendment by
Effective Date of 1976 Amendment
Amendment by
Effective Date of 1973 Amendment
Amendment by
§8137. State control of operations
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.
(Added
Editorial Notes
Amendments
1991—
1984—
§8138. Treatment of certain health facilities as State homes
(a) The Secretary may treat a health facility (or certain beds in a health facility) as a State home for purposes of subchapter V of
(1) The facility (or certain beds in such facility) meets the standards for the provision of nursing home care that are applicable to State homes, as prescribed by the Secretary under
(2) The facility (or certain beds in such facility) is licensed or certified by the appropriate State and local agencies charged with the responsibility of licensing or otherwise regulating or inspecting State home facilities.
(3) The State demonstrates in an application to the Secretary that, but for the treatment of a facility (or certain beds in such facility), as a State home under this subsection, a substantial number of veterans residing in the geographic area in which the facility is located who require nursing home care will not have access to such care.
(4) The Secretary determines that the treatment of the facility (or certain beds in such facility) as a State home best meets the needs of veterans for nursing home care in the geographic area in which the facility is located.
(5) The Secretary approves the application submitted by the State with respect to the facility (or certain beds in such facility).
(b) The Secretary may not treat a health facility (or certain beds in a health facility) as a State home under subsection (a) if the Secretary determines that such treatment would increase the number of beds allocated to the State in excess of the limit on the number of beds provided for by regulations prescribed under
(c) The number of beds occupied by veterans in a health facility for which payment may be made under subchapter V of
(1) 100 beds in the aggregate for all States; and
(2) in the case of any State, the difference between—
(A) the number of veterans authorized to be in beds in State homes in such State under regulations prescribed under
(B) the number of veterans actually in beds in State homes (other than facilities or certain beds treated as State homes under subsection (a)) in such State under regulations prescribed under such section.
(d) The number of beds in a health facility in a State that has been treated as a State home under subsection (a) shall be taken into account in determining the unmet need for beds for State homes for the State under
(e) The Secretary may not treat any new health facilities (or any new certain beds in a health facility) as a State home under subsection (a) after September 30, 2009.
(Added
SUBCHAPTER IV—SHARING OF MEDICAL FACILITIES, EQUIPMENT, AND INFORMATION
§8151. Statement of congressional purpose
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.
(Added
Editorial Notes
Amendments
1996—
1993—
1991—
1990—
§8152. Definitions
For the purposes of this subchapter—
(1) The term "health-care resource" includes hospital care and medical services (as those terms are defined in
(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.
(Added
Editorial Notes
Amendments
2002—Par. (1).
1996—
"(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
1993—Pars. (3), (4).
1991—
§8153. Sharing of health-care resources
(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
(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
(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
(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
(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 later than February 1 of each year a report on the activities carried out under this section during the preceding fiscal year. 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.
(Added
Editorial Notes
References in Text
The Social Security Act, referred to in subsec. (d), is act Aug. 14, 1935, ch. 531,
Amendments
2011—Subsec. (a)(3)(B)(ii).
Subsec. (a)(3)(D).
2003—Subsec. (g).
2000—Subsec. (a)(3)(B)(ii).
1997—Subsec. (a)(3)(A).
Subsec. (a)(3)(B)(ii).
1996—