
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC1087]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                   CHAPTER 55--MEDICAL AND DENTAL CARE
 
Sec. 1087. Programing facilities for certain members, former 
        members, and their dependents in construction projects of the 
        uniformed services
        
    (a) Space for inpatient and outpatient care may be programed in 
facilities of the uniformed services for persons covered by sections 
1074(b) and 1076(b) of this title. The maximum amount of space that may 
be so programed for a facility is the greater of--
        (1) the amount of space that would be so programed for the 
    facility in order to meet the requirements to be placed on the 
    facility for support of the teaching and training of health-care 
    professionals; and
        (2) the amount of space that would be so programed for the 
    facility based upon the most cost-effective provision of inpatient 
    and outpatient care to persons covered by sections 1074(b) and 
    1076(b) of this title.

    (b)(1) In making determinations for the purposes of clauses (1) and 
(2) of subsection (a), the Secretary concerned shall take into 
consideration--
        (A) the amount of space that would be so programed for the 
    facility based upon projected inpatient and outpatient workloads at 
    the facility for persons covered by sections 1074(b) and 1076(b) of 
    this title; and
        (B) the anticipated capability of the medical and dental staff 
    of the facility, determined in accordance with regulations 
    prescribed by the Secretary of Defense and based upon realistic 
    projections of the number of physicians and other health-care 
    providers that it can reasonably be expected will be assigned to or 
    will otherwise be available to the facility.

    (2) In addition, a determination made for the purpose of clause (2) 
of subsection (a) shall be made in accordance with an economic analysis 
(including a life-cycle cost analysis) of the facility and consideration 
of all reasonable and available medical care treatment alternatives 
(including treatment provided under a contract under section 1086 of 
this title or under part A of title XVIII of the Social Security Act (42 
U.S.C. 1395c et seq.)).

(Added Pub. L. 89-614, Sec. 2(7), Sept. 30, 1966, 80 Stat. 866; amended 
Pub. L. 97-337, Sec. 1, Oct. 15, 1982, 96 Stat. 1631; Pub. L. 98-525, 
title XIV, Sec. 1405(24), Oct. 19, 1984, 98 Stat. 2623; Pub. L. 99-661, 
div. A, title XIII, Sec. 1343(a)(4), Nov. 14, 1986, 100 Stat. 3992.)

                       References in Text

    The Social Security Act, referred to in subsec. (b)(2), is act Aug. 
14, 1935, ch. 531, 49 Stat. 620, as amended, which is classified 
generally to chapter 7 (Sec. 301 et seq.) of Title 42, The Public Health 
and Welfare. Part A of title XVIII of the Social Security Act, is 
classified generally to Part A (Sec. 1395c et seq.) of subchapter XVIII 
of chapter 7 of Title 42. For complete classification of this Act to the 
Code, see section 1305 of Title 42 and Tables.


                               Amendments

    1986--Subsec. (b)(2). Pub. L. 99-661 substituted ``Act (42 U.S.C. 
1395c et seq.))'' for ``Act. (42 U.S.C. 1395c et seq.)''.
    1984--Subsec. (b)(2). Pub. L. 98-525 which directed that ``(42 
U.S.C. 1395c et seq.)'' be inserted after ``the Social Security Act.'', 
was executed by inserting parenthetical after ``the Social Security 
Act'' to reflect the probable intent of Congress. See 1986 Amendment 
note above.
    1982--Subsec. (a). Pub. L. 97-337, Sec. 1(1), designated existing 
provisions as subsec. (a).
    Pub. L. 97-337, Sec. 1(2), substituted provisions limiting the 
maximum amount of space to be programed as the greater of the amounts of 
space described in par. (1) or (2) for provisions limiting the amount of 
space to be programed to that amount needed to support teaching and 
training requirements, except that space may be programed in areas 
having large concentrations of retired members where there is a critical 
shortage of facilities.
    Subsec. (b). Pub. L. 97-337, Sec. 1(2), added subsec. (b).


                    Effective Date of 1982 Amendment

    Section 2 of Pub. L. 97-337 provided that: ``The amendment made by 
paragraph (2) of the first section of this Act [amending this section] 
shall apply only with respect to a facility for which funds for 
construction (or a major alteration) are first appropriated for a fiscal 
year after fiscal year 1983.''


                             Effective Date

    For effective date of section, see section 3 of Pub. L. 89-614, set 
out as a note under section 1071 of this title.
