10 U.S.C. § 1104a — Shared medical facilities with Depart-

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-