II 

117TH CONGRESS 

1ST SESSION S. 2526 

To authorize the Secretary of Defense and the Secretary of Veterans Affairs 

to enter into agreements for the planning, design, and construction 

of facilities to be operated as shared medical facilities, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 28, 2021 

Mr. SULLIVAN introduced the following bill; which was read twice and referred 

to the Committee on Veterans’ Affairs 

A BILL 

To authorize the Secretary of Defense and the Secretary 

of Veterans Affairs to enter into agreements for the 

planning, design, and construction of facilities to be operated as shared medical facilities, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. AUTHORITY OF SECRETARY OF DEFENSE AND 

2 SECRETARY OF VETERANS AFFAIRS TO 

3 ENTER INTO AGREEMENTS FOR PLANNING, 

4 DESIGN, AND CONSTRUCTION OF FACILITIES 

5 TO BE OPERATED AS SHARED MEDICAL FA6 CILITIES. 

7 (a) AUTHORITY OF SECRETARY OF DEFENSE.— 

8 (1) IN GENERAL.—Chapter 55 of title 10, 

9 United States Code, is amended by inserting after 

10 section 1104 the following new section: 

11 ‘‘§ 1104a. Shared medical facilities with Department 

12 of Veterans Affairs 

13 ‘‘(a) AGREEMENTS.—The Secretary of Defense may 

14 enter into agreements with the Secretary of Veterans Af15 fairs for the planning, design, and construction of facilities 

16 to be operated as shared medical facilities. 

17 ‘‘(b) TRANSFER OF FUNDS BY SECRETARY OF DE18 FENSE.—(1) The Secretary of Defense may transfer to 

19 the Secretary of Veterans Affairs amounts as follows: 

20 ‘‘(A) For the construction of a shared medical 

21 facility, amounts not in excess of the amount author22 ized under subsection (a)(2) of section 2805 of this 

23 title, if— 

24 ‘‘(i) the amount of the share of the De25 partment of Defense for the estimated cost of 


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1 the project does not exceed the amount author2 ized under such subsection; and 

3 ‘‘(ii) the other requirements of such section 

4 have been met with respect to funds identified 

5 for transfer. 

6 ‘‘(B) For the planning, design, and construction 

7 of space for a shared medical facility, amounts ap8 propriated for the Defense Health Program. 

9 ‘‘(2) The authority to transfer funds under this sec10 tion is in addition to any other authority to transfer funds 

11 available to the Secretary of Defense. 

12 ‘‘(3) Section 2215 of this title does not apply to a 

13 transfer of funds under this subsection. 

14 ‘‘(c) TRANSFER OF FUNDS TO SECRETARY OF DE15 FENSE.—(1) Any amount transferred to the Secretary of 

16 Defense by the Secretary of Veterans Affairs for necessary 

17 expenses for the planning, design, and construction of a 

18 shared medical facility, if the amount of the share of the 

19 Department of Defense for the cost of such project does 

20 not exceed the amount specified in section 2805(a)(2) of 

21 this title, may be credited to accounts of the Department 

22 of Defense available for the construction of a shared med23 ical facility. 

24 ‘‘(2) Any amount transferred to the Secretary of De25 fense by the Secretary of Veterans Affairs for the purpose 


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1 of the planning and design of space for a shared medical 

2 facility may be credited to accounts of the Department of 

3 Defense available for such purposes, and may be used for 

4 such purposes. 

5 ‘‘(3) Using accounts credited with transfers from the 

6 Secretary of Veterans Affairs under paragraph (1), the 

7 Secretary of Defense may carry out unspecified minor 

8 military construction projects, if the share of the Depart9 ment of Defense for the cost of such project does not ex10 ceed the amount specified in section 2805(a)(2) of this 

11 title. 

12 ‘‘(d) MERGER OF AMOUNTS TRANSFERRED.—Any 

13 amount transferred to the Secretary of Veterans Affairs 

14 under subsection (b) and any amount transferred to the 

15 Secretary of Defense under subsection (c) shall be merged 

16 with and available for the same purposes and the same 

17 period as the appropriation or fund to which transferred. 

18 ‘‘(e) APPROPRIATION IN ADVANCE.—Amounts may 

19 be transferred pursuant to the authority under this section 

20 only to the extent and in the amounts provided in advance 

21 in appropriations Acts. 

22 ‘‘(f) SHARED MEDICAL FACILITY DEFINED.—In this 

23 section, the term ‘shared medical facility’— 

24 ‘‘(1) means a building or buildings, or a cam25 pus, intended to be used by both the Department of 


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1 Veterans Affairs and the Department of Defense for 

2 the provision of health care services, whether under 

3 the jurisdiction of the Secretary of Veterans Affairs 

4 or the Secretary of Defense, and whether or not lo5 cated on a military installation or on real property 

6 under the jurisdiction of the Secretary of Veterans 

7 Affairs; and 

8 ‘‘(2) includes any necessary building and auxil9 iary structure, garage, parking facility, mechanical 

10 equipment, abutting and covered sidewalks, and ac11 commodations for attending personnel.’’. 

12 (2) CLERICAL AMENDMENT.—The table of sec13 tions at the beginning of chapter 55 of such title is 

14 amended by inserting after the item relating to sec15 tion 1104 the following new item: 

‘‘1104a. Shared medical facilities with Department of Veterans Affairs.’’. 

16 (b) AUTHORITY OF SECRETARY OF VETERANS AF17 FAIRS.— 

18 (1) IN GENERAL.—Chapter 81 of title 38, 

19 United States Code, is amended by inserting after 

20 section 8111A the following new section: 

21 ‘‘§ 8111B. Shared medical facilities with Department 

22 of Defense 

23 ‘‘(a) AGREEMENTS.—The Secretary of Veterans Af24 fairs may enter into agreements with the Secretary of DeVerDate Sep 11 2014 00:57 Aug 04, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2526.IS S2526

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1 fense for the planning, design, and construction of facili2 ties to be operated as shared medical facilities. 

3 ‘‘(b) TRANSFER OF FUNDS BY SECRETARY OF VET4 ERANS AFFAIRS.—(1) The Secretary of Veterans Affairs 

5 may transfer to the Department of Defense amounts ap6 propriated to the Department of Veterans Affairs for 

7 ‘Construction, minor projects’ for use for the planning, de8 sign, or construction of a shared medical facility if the 

9 estimated share of the project costs of the Department 

10 of Veterans Affairs does not exceed the amount specified 

11 in section 8104(a)(3)(A) of this title. 

12 ‘‘(2) The Secretary of Veterans Affairs may transfer 

13 to the Department of Defense amounts appropriated to 

14 the Department of Veterans Affairs for ‘Construction, 

15 major projects’ for use for the planning, design, or con16 struction of a shared medical facility if— 

17 ‘‘(A) the estimated share of the project costs of 

18 the Department of Veterans Affairs exceeds the 

19 amount specified in section 8104(a)(3)(A) of this 

20 title; and 

21 ‘‘(B) the other requirements of section 8104 of 

22 this title have been met with respect to amounts 

23 identified for transfer. 

24 ‘‘(c) TRANSFER OF FUNDS TO SECRETARY OF VET25 ERANS AFFAIRS.—(1) Any amount transferred to the SecVerDate Sep 11 2014 00:57 Aug 04, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2526.IS S2526

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1 retary of Veterans Affairs by the Secretary of Defense for 

2 necessary expenses for the planning, design, or construc3 tion of a shared medical facility, if the estimated share 

4 of the project costs of the Department of Veterans Affairs 

5 does not exceed the amount specified in section 

6 8104(a)(3)(A) of this title, may be credited to the ‘Con7 struction, minor projects’ account of the Department of 

8 Veterans Affairs and used for the necessary expenses of 

9 constructing such shared medical facility. 

10 ‘‘(2) Any amount transferred to the Secretary of Vet11 erans Affairs by the Secretary of Defense for necessary 

12 expenses for the planning, design, or construction of a 

13 shared medical facility, if the estimated share of the 

14 project costs of the Department of Veterans Affairs ex15 ceeds the amount specified in section 8104(a)(3)(A) of 

16 this title, may be credited to the ‘Construction, major 

17 projects’ account of the Department of Veterans Affairs 

18 and used for the necessary expenses of constructing such 

19 shared medical facility if the other requirements of section 

20 8104 of this title have been met with respect to amounts 

21 identified for transfer. 

22 ‘‘(d) MERGER OF AMOUNTS TRANSFERRED.—Any 

23 amount transferred to the Secretary of Defense under sub24 section (b) and any amount transferred to the Secretary 

25 of Veterans Affairs under subsection (c) shall be merged 


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1 with and available for the same purposes and the same 

2 period as the appropriation or fund to which transferred. 

3 ‘‘(e) APPROPRIATION IN ADVANCE.—Amounts may 

4 be transferred pursuant to the authority under this section 

5 only to the extent and in the amounts provided in advance 

6 in appropriations Acts. 

7 ‘‘(f) SHARED MEDICAL FACILITY DEFINED.—In this 

8 section, the term ‘shared medical facility’— 

9 ‘‘(1) means a building or buildings, or a cam10 pus, intended to be used by both the Department of 

11 Veterans Affairs and the Department of Defense for 

12 the provision of health care services, whether under 

13 the jurisdiction of the Secretary of Veterans Affairs 

14 or the Secretary of Defense, and whether or not lo15 cated on a military installation or on real property 

16 under the jurisdiction of the Secretary of Veterans 

17 Affairs; and 

18 ‘‘(2) includes any necessary building and auxil19 iary structure, garage, parking facility, mechanical 

20 equipment, abutting and covered sidewalks, and ac21 commodations for attending personnel.’’. 

22 (2) CLERICAL AMENDMENT.—The table of sec23 tions at the beginning of subchapter I of chapter 81 


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1 of such title is amended by inserting after the item 

2 relating to section 8111A the following new item: 

‘‘8111B. Shared medical facilities with Department of Defense.’’. 

Æ 


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