Title 10Armed ForcesRelease 119-73not60

§1104a Shared Medical Facilities with Department of Veterans Affairs

Title 10 › Subtitle Subtitle A— General Military Law › Part II— PERSONNEL › Chapter 55— MEDICAL AND DENTAL CARE › § 1104a

Last updated Apr 3, 2026|Official source

Summary

Allows the Secretary of Defense to make agreements with the Secretary of Veterans Affairs to plan, design, build, or lease medical facilities that both departments will use. The Defense Department may send money to VA for construction up to the limit in section 2805(a)(2) if the Defense share does not exceed that limit and other rules there are met. The Defense Department may also use money from the Defense Health Program for planning, design, construction, or leasing. Section 2215 does not apply to these transfers, and this transfer authority is extra to other transfer powers. The VA may send money back to the Defense Department for the same planning, design, construction, or leasing purposes, and those funds can be placed in Defense accounts and used for those projects. Small, unspecified minor military construction projects may be done with those funds if the Defense share does not exceed section 2805(a)(2). All transfers must be merged with the receiving appropriation and may only happen when Congress provides money in advance. A “shared medical facility” means a building or campus used by both VA and DoD for health care and includes related buildings, parking, equipment, covered sidewalks, and housing for staff.

Full Legal Text

Title 10, §1104a

Armed Forces — Source: USLM XML via OLRC

(a)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)(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, 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 Department 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 identified for transfer.
(B)For the planning, design, and construction, or the leasing, of space for a shared medical facility, amounts appropriated for the Defense 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 Defense.
(3)section 2215 of this title does not apply to a transfer of funds under this subsection.
(c)(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, if the amount of the share of the Department of Defense for the cost of such project does not exceed the amount specified in section 2805(a)(2) of this title, may be credited to accounts of the Department of Defense 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 construction projects, if the share of the Department of Defense for the cost of such project does not exceed the amount specified in section 2805(a)(2) of this title.
(d)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 available for the same purposes and the same period as the appropriation or fund to which transferred.
(e)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)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 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 auxiliary structure, garage, parking facility, mechanical equipment, abutting and covered sidewalks, and accommodations for attending personnel.

Legislative History

Notes & Related Subsidiaries

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”.

Reference

Citations & Metadata

Citation

10 U.S.C. § 1104a

Title 10Armed Forces

Last Updated

Apr 3, 2026

Release point: 119-73not60