10 U.S.C. § 1104 — Sharing of health-care resources with the

Page 1161 TITLE 10—ARMED FORCES § 1104 local law or regulation regarding financial sol- vency, the Secretary of Defense or the admin- istering Secretaries shall require an independent audit of the prime contractor of each contract that is entered into pursuant to this chapter and covered by the preemption. The audit shall be performed by the Defense Contract Audit Agen- cy. (c) STATE DEFINED.—In this section, the term ‘‘State’’ includes the District of Columbia, the Commonwealth of Puerto Rico, the Common- wealth of the Northern Mariana Islands, and each possession of the United States. (Added Pub. L. 100–180, div. A, title VII, § 725(a)(1), Dec. 4, 1987, 101 Stat. 1116; amended Pub. L. 103–160, div. A, title VII, § 715(a), Nov. 30, 1993, 107 Stat. 1690; Pub. L. 109–163, div. A, title X, § 1057(a)(2), Jan. 6, 2006, 119 Stat. 3440.) Editorial Notes AMENDMENTS 2006—Subsec. (c). Pub. L. 109–163 struck out ‘‘Terri- tory and’’ before ‘‘possession’’. 1993—Pub. L. 103–160 amended section generally. Prior to amendment, section read as follows: ‘‘(a) The provisions of any contract under this chap- ter which relate to the nature and extent of coverage of benefits (including payments with respect to bene- fits) shall preempt any law of a State or local govern- ment, or any regulation issued under such a law, which relates to health insurance or plans to the extent that such law or regulation is inconsistent with such con- tractual provisions. ‘‘(b) In this section, the term ‘State’ includes the Dis- trict of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and each territory and possession of the United States.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1993 AMENDMENT Pub. L. 103–160, div. A, title VII, § 715(b), Nov. 30, 1993, 107 Stat. 1691, provided that: ‘‘Section 1103 of title 10, United States Code, as amended by subsection (a), shall apply with respect to any contract entered into under chapter 55 of such title before, on, or after the date of the enactment of this Act [Nov. 30, 1993].’’ EFFECTIVE DATE Pub. L. 100–180, div. A, title VII, § 725(b), Dec. 4, 1987, 101 Stat. 1117, provided that: ‘‘Section 1103 of such title, as added by subsection (a), shall apply with respect to any contract entered into after October 1, 1987.’’ APPLICABILITY OF PREEMPTION PROVISIONS TO CERTAIN CONTRACTS Pub. L. 102–396, title IX, § 9032, Oct. 6, 1992, 106 Stat. 1908, as amended by Pub. L. 103–50, ch. III, § 301, July 2, 1993, 107 Stat. 250, provided in part ‘‘That the preemp- tion provisions of section 1103(a) of title 10, United States Code, shall not be limited to contractual provi- sions relating to coverage of benefits, but shall apply to all contracts entered into pursuant to this general pro- vision, the California and Hawaii recompetition con- tract, and Solicitation Number MDA 906–92–R–0004 and shall preempt any and all State and local laws and reg- ulations which relate to health insurance or health care plans’’. APPLICABILITY TO CONTRACTS ENTERED INTO PURSUANT TO SOLICITATION NUMBER MDA–903–87–R–0047 Pub. L. 100–463, title VIII, § 8078(b), Oct. 1, 1988, 102 Stat. 2270–30, provided that preemption provisions of 10 U.S.C. 1103 shall apply to contracts entered into pursu- ant to Solicitation Number MDA–903–87–R–0047 and shall preempt State and local laws or regulations which relate to health insurance or prepaid health care plans. Similar provisions were contained in the following prior appropriation act: Pub. L. 100–202, § 101(b) [title VIII, § 8104(b)], Dec. 22, 1987, 101 Stat. 1329–43, 1329–81. § 1104. Sharing of health-care resources with the Department of Veterans Affairs (a) SHARING OF HEALTH-CARE RESOURCES.— Health-care resources of the Department of De- fense shall be shared with health-care resources of the Department of Veterans Affairs in accord- ance with section 8111 of title 38 or under section 1535 of title 31. (b) REIMBURSEMENT FROM CHAMPUS FUNDS.— Pursuant to an agreement entered into under section 8111 of title 38 or section 1535 of title 31, the Secretary of a military department may re- imburse the Secretary of Veterans Affairs from funds available for that military department for the payment of medical care provided under sec- tion 1079 or 1086 of this title. (c) CHARGES.—The Secretary of Defense may prescribe by regulation a premium, deductible, copayment, or other charge for health care pro- vided to covered beneficiaries under this chapter pursuant to an agreement entered into by the Secretary of a military department under sec- tion 8111 of title 38 or section 1535 of title 31. (d) PROVISION OF SERVICES DURING WAR OR NA- TIONAL EMERGENCY.—Members of the armed forces on active duty during and immediately following a period of war, or during and imme- diately following a national emergency involv- ing the use of the armed forces in armed con- flict, may be provided health-care services by the Department of Veterans Affairs in accord- ance with section 8111A of title 38. (Added Pub. L. 101–189, div. A, title VII, § 722(a), Nov. 29, 1989, 103 Stat. 1477; amended Pub. L. 102–484, div. A, title X, § 1052(14), Oct. 23, 1992, 106 Stat. 2499; Pub. L. 103–35, title II, § 201(c)(1), May 31, 1993, 107 Stat. 98; Pub. L. 107–314, div. A, title VII, § 721(b), Dec. 2, 2002, 116 Stat. 2595.) Editorial Notes AMENDMENTS 2002—Subsec. (a). Pub. L. 107–314 substituted ‘‘shall’’ for ‘‘may’’. 1993—Subsecs. (a) to (c). Pub. L. 103–35, § 201(c)(1)(A), substituted ‘‘section 8111 of title 38’’ for ‘‘section 8011 of title 38’’. Subsec. (d). Pub. L. 103–35, § 201(c)(1)(B), substituted ‘‘section 8111A of title 38’’ for ‘‘section 8011A of title 38’’. 1992—Subsecs. (a) to (c). Pub. L. 102–484, § 1052(14)(A), substituted ‘‘section 8011 of title 38’’ for ‘‘section 5011 of title 38’’. Subsec. (d). Pub. L. 102–484, § 1052(14)(B), substituted ‘‘section 8011A of title 38’’ for ‘‘section 5011A of title 38’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–314 effective Oct. 1, 2003, see section 721(c) of Pub. L. 107–314, set out as a note under section 8111 of Title 38, Veterans’ Benefits. Page 1162 TITLE 10—ARMED FORCES § 1104a § 1104a. Shared medical facilities with Depart- ment of Veterans Affairs (a) AGREEMENTS.—Secretary of Defense may enter into agreements with the Secretary of Veterans Affairs for the planning, design, and construction, or the leasing, of facilities to be operated as shared medical facilities. (b) TRANSFER OF FUNDS BY SECRETARY OF DE- FENSE.—(1) The Secretary of Defense may trans- fer to the Secretary of Veterans Affairs amounts as follows: (A) For the construction of a shared medical facility, amounts not in excess of the amount authorized under subsection (a)(2) of section 2805 of this title, if— (i) the amount of the share of the Depart- ment of Defense for the estimated cost of the project does not exceed the amount au- thorized under such subsection; and (ii) the other requirements of such section have been met with respect to funds identi- fied for transfer. (B) For the planning, design, and construc- tion, or the leasing, of space for a shared med- ical facility, amounts appropriated for the De- fense Health Program. (2) The authority to transfer funds under this section is in addition to any other authority to transfer funds available to the Secretary of De- fense. (3) Section 2215 of this title does not apply to a transfer of funds under this subsection. (c) TRANSFER OF FUNDS TO SECRETARY OF DE- FENSE.—(1) Any amount transferred to the Sec- retary of Defense by the Secretary of Veterans Affairs for necessary expenses for the planning, design, and construction, or the leasing, of a shared medical facility, if the amount of the share of the Department of Defense for the cost of such project does not exceed the amount spec- ified in section 2805(a)(2) of this title, may be credited to accounts of the Department of De- fense available for the construction of a shared medical facility. (2) Any amount transferred to the Secretary of Defense by the Secretary of Veterans Affairs for the purpose of the planning and design, or the leasing, of space for a shared medical facility may be credited to accounts of the Department of Defense available for such purposes, and may be used for such purposes. (3) Using accounts credited with transfers from the Secretary of Veterans Affairs under paragraph (1), the Secretary of Defense may carry out unspecified minor military construc- tion projects, if the share of the Department of Defense for the cost of such project does not ex- ceed the amount specified in section 2805(a)(2) of this title. (d) MERGER OF AMOUNTS TRANSFERRED.—Any amount transferred to the Secretary of Veterans Affairs under subsection (b) and any amount transferred to the Secretary of Defense under subsection (c) shall be merged with and avail- able for the same purposes and the same period as the appropriation or fund to which trans- ferred. (e) APPROPRIATION IN ADVANCE.—Amounts may be transferred pursuant to the authority under this section only to the extent and in the amounts provided in advance in appropriations Acts. (f) SHARED MEDICAL FACILITY DEFINED.—In this section, the term ‘‘shared medical facil- ity’’— (1) means a building or buildings, or a cam- pus, intended to be used by both the Depart- ment of Veterans Affairs and the Department of Defense for the provision of health care services, whether under the jurisdiction of the Secretary of Veterans Affairs or the Secretary of Defense, and whether or not located on a military installation or on real property under the jurisdiction of the Secretary of Veterans Affairs; and (2) includes any necessary building and aux- iliary structure, garage, parking facility, me- chanical equipment, abutting and covered sidewalks, and accommodations for attending personnel. (Added Pub. L. 117–81, div. A, title VII, § 714(a)(1), Dec. 27, 2021, 135 Stat. 1785; amended Pub. L. 117–168, title VII, § 706(a), Aug. 10, 2022, 136 Stat. 1800.) Editorial Notes AMENDMENTS 2022—Subsecs. (a), (b)(1)(B), (c)(1). Pub. L. 117–168, § 706(a)(1), inserted ‘‘, or the leasing,’’ after ‘‘design, and construction’’. Subsec. (c)(2). Pub. L. 117–168, § 706(a)(2), inserted ‘‘, or the leasing,’’ after ‘‘design’’. § 1105. Specialized treatment facility program (a) PROGRAM AUTHORIZED.—The Secretary of Defense may conduct a specialized treatment fa- cility program pursuant to regulations pre- scribed by the Secretary of Defense. The Sec- retary shall consult with the other admin- istering Secretaries in prescribing regulations for the program and in conducting the program. (b) FACILITIES AUTHORIZED TO BE USED.— Under the specialized treatment facility pro- gram, the Secretary may designate health care facilities of the uniformed services and civilian health care facilities as specialized treatment facilities. (c) WAIVER OF NONEMERGENCY HEALTH CARE RESTRICTION.—Under the specialized treatment facility program, the Secretary may waive, with regard to the provision of a particular service, the 40-mile radius restriction set forth in sec- tion 1079(a)(6) of this title if the Secretary deter- mines that the use of a different geographical area restriction will result in a more cost-effec- tive provision of the service. (d) CIVILIAN FACILITY SERVICE AREA.—For pur- poses of the specialized treatment facility pro- gram, the service area of a civilian health care facility designated pursuant to subsection (b) shall be comparable in size to the service areas of facilities of the uniformed services. (e) ISSUANCE OF NONAVAILABILITY OF HEALTH CARE STATEMENTS.—A covered beneficiary who resides within the service area of a specialized treatment facility designated under the special- ized treatment facility program may be required to obtain a nonavailability of health care state- ment in the case of a specialized service offered by the facility in order for the covered bene-