---
kind: "section"
citation: "10 U.S.C. § 1104a"
title: "10"
title_heading: "Armed Forces"
number: "1104a"
heading: "Shared medical facilities with Department of Veterans Affairs"
release: "119-102"
url: "https://uscodex.org/usc/10/1104a"
units:
  - "Subtitle A — General Military Law"
  - "Part II — Personnel"
  - "Chapter 55 — Medical and Dental Care"
---

# §1104a. Shared medical facilities with Department 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](/usc/10/227.md?p=b-2) to be operated as [shared medical facilities](#f).
- (b) **Transfer of Funds by Secretary of Defense.—**
  - (1) The Secretary of Defense may transfer to the Secretary of Veterans Affairs amounts as follows:
    - (A) For the construction of a [shared medical facility](#f), amounts not in excess of the amount authorized under subsection (a)(2) of [section 2805 of this title](/usc/10/2805.md), if—
      - (i) the amount of the share of the [Department](/usc/10/101.md?p=a-6) of Defense for the estimated cost of the project does not exceed the amount authorized under such subsection; and
      - (ii) the other requirements of such section have been met with respect to [funds](/usc/10/2871.md?p=6) identified for transfer.
    - (B) For the planning, design, and construction, or the leasing, of space for a [shared medical facility](#f), amounts appropriated for the Defense Health Program.
  - (2) The authority to transfer [funds](/usc/10/2871.md?p=6) under this section is in addition to any other authority to transfer [funds](/usc/10/2871.md?p=6) available to the Secretary of Defense.
  - (3) [Section 2215 of this title](/usc/10/2215.md) does not apply to a transfer of [funds](/usc/10/2871.md?p=6) under this subsection.
- (c) **Transfer of Funds to Secretary of Defense.—**
  - (1) Any amount transferred to the Secretary 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](#f), if the amount of the share of the [Department](/usc/10/101.md?p=a-6) of Defense for the cost of such project does not exceed the amount specified in [section 2805(a)(2) of this title](/usc/10/2805.md?p=a-2), may be credited to accounts of the [Department](/usc/10/101.md?p=a-6) of Defense available for the construction of a [shared medical facility](#f).
  - (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](#f) may be credited to accounts of the [Department](/usc/10/101.md?p=a-6) 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)](#c-1), the Secretary of Defense may carry out unspecified minor military construction projects, if the share of the [Department](/usc/10/101.md?p=a-6) of Defense for the cost of such project does not exceed the amount specified in [section 2805(a)(2) of this title](/usc/10/2805.md?p=a-2).
- (d) **Merger of Amounts Transferred.—** Any amount transferred to the Secretary of Veterans Affairs under [subsection (b)](#b) and any amount transferred to the Secretary of Defense under [subsection (c)](#c) shall be merged with and available for the same purposes and the same period as the appropriation or [fund](/usc/10/2871.md?p=6) to which transferred.
- (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 facility”—
  - (1) means a building or buildings, or a campus, intended to be used by both the Department of Veterans Affairs and the [Department](/usc/10/101.md?p=a-6) of Defense for the provision of [health care](/usc/10/1072.md?p=10) 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](/usc/10/183a.md?p=h-7) or on real property under the jurisdiction of the Secretary of Veterans Affairs; and
  - (2) [includes](/usc/10/101.md?p=g-4) any necessary building and auxiliary structure, garage, parking [facility](/usc/10/227.md?p=b-2), mechanical equipment, abutting and covered sidewalks, and accommodations for attending personnel.

## Source credit

(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.)

## Notes

### 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”.