
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC8104]

 
                      TITLE 38--VETERANS' BENEFITS
 
            PART VI--ACQUISITION AND DISPOSITION OF PROPERTY
 
   CHAPTER 81--ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY 
FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE LEASES OF REAL PROPERTY
 
      SUBCHAPTER I--ACQUISITION AND OPERATION OF MEDICAL FACILITIES
 
Sec. 8104. Congressional approval of certain medical facility 
        acquisitions
        
    (a)(1) The purpose of this subsection is to enable Congress to 
ensure the equitable distribution of medical facilities throughout the 
United States, taking into consideration the comparative urgency of the 
need for the services to be provided in the case of each particular 
facility.
    (2) No funds may be appropriated for any fiscal year, and the 
Secretary may not obligate or expend funds (other than for advance 
planning and design), for any major medical facility project or any 
major medical facility lease unless funds for that project or lease have 
been specifically authorized by law.
    (3) For the purpose of this subsection:
        (A) The term ``major medical facility project'' means a project 
    for the construction, alteration, or acquisition of a medical 
    facility involving a total expenditure of more than $4,000,000, but 
    such term does not include an acquisition by exchange.
        (B) The term ``major medical facility lease'' means a lease for 
    space for use as a new medical facility at an average annual rental 
    of more than $600,000.

    (b) Whenever the President or the Secretary submit to the Congress a 
request for the funding of a major medical facility project (as defined 
in subsection (a)(3)(A)) or a major medical facility lease (as defined 
in subsection (a)(3)(B)), the Secretary shall submit to each committee, 
on the same day, a prospectus of the proposed medical facility. Any such 
prospectus shall include the following:
        (1) A detailed description of the medical facility to be 
    constructed, altered, leased, or otherwise acquired under this 
    subchapter, including a description of the location of such facility 
    and, in the case of a prospectus proposing the construction of a new 
    or replacement medical facility, a description of the consideration 
    that was given to acquiring an existing facility by lease or 
    purchase and to the sharing of health-care resources with the 
    Department of Defense under section 8111 of this title.
        (2) An estimate of the cost to the United States of the 
    construction, alteration, lease, or other acquisition of such 
    facility (including site costs, if applicable).
        (3) An estimate of the cost to the United States of the 
    equipment required for the operation of such facility.
        (4) Demographic data applicable to such facility, including 
    information on projected changes in the population of veterans to be 
    served by the facility over a five-year period and a ten-year 
    period.
        (5) Current and projected workload and utilization data 
    regarding the facility.
        (6) Current and projected operating costs of the facility, 
    including both recurring and non-recurring costs.
        (7) The priority score assigned to the project or lease under 
    the Department's prioritization methodology and, if the project or 
    lease is being proposed for funding before a project or lease with a 
    higher score, a specific explanation of the factors other than the 
    priority score that were considered and the basis on which the 
    project or lease is proposed for funding ahead of projects or leases 
    with higher priority scores.
        (8) In the case of a prospectus proposing the construction of a 
    new or replacement medical facility, a description of each 
    alternative to construction of the facility that was considered.

    (c) Not less than 30 days before obligating funds for a major 
medical facility project approved by a law described in subsection 
(a)(2) of this section in an amount that would cause the total amount 
obligated for that project to exceed the amount specified in the law for 
that project (or would add to total obligations exceeding such specified 
amount) by more than 10 percent, the Secretary shall provide the 
committees with notice of the Secretary's intention to do so and the 
reasons for the specified amount being exceeded.
    (d) In any case in which the Secretary proposes that funds be used 
for a purpose other than the purpose for which such funds were 
appropriated, the Secretary shall promptly notify each committee, in 
writing, of the particulars involved and the reasons why such funds were 
not used for the purpose for which appropriated.
    (e) The Secretary may accept gifts or donations for any of the 
purposes of this subchapter.
    (f) The Secretary may not obligate funds in an amount in excess of 
$500,000 from the Advance Planning Fund of the Department toward design 
or development of a major medical facility project (as defined in 
subsection (a)(3)(A)) until--
        (1) the Secretary submits to the committees a report on the 
    proposed obligation; and
        (2) a period of 30 days has passed after the date on which the 
    report is received by the committees.

(Added Pub. L. 96-22, title III, Sec. 301(a), June 13, 1979, 93 Stat. 
56, Sec. 5004; amended Pub. L. 99-166, title III, Secs. 301, 303, Dec. 
3, 1985, 99 Stat. 954, 955; Pub. L. 99-576, title II, Sec. 221(b), Oct. 
28, 1986, 100 Stat. 3259; Pub. L. 100-322, title IV, Sec. 422, May 20, 
1988, 102 Stat. 553; renumbered Sec. 8104 and amended Pub. L. 102-40, 
title IV, Sec. 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. 
L. 102-83, Sec. 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. 
L. 102-405, title III, Sec. 301(a), Oct. 9, 1992, 106 Stat. 1984; Pub. 
L. 103-79, Sec. 3(a), Aug. 13, 1993, 107 Stat. 771; Pub. L. 104-262, 
title II, Secs. 205(a), 206(a), (c), Oct. 9, 1996, 110 Stat. 3189, 3190; 
Pub. L. 105-368, title VII, Sec. 704, Nov. 11, 1998, 112 Stat. 3350.)


                               Amendments

    1998--Subsec. (a)(3)(B). Pub. L. 105-368 substituted ``$600,000'' 
for ``$300,000''.
    1996--Subsec. (a)(3)(A). Pub. L. 104-262, Sec. 206(a), substituted 
``$4,000,000'' for ``$3,000,000''.
    Subsec. (b). Pub. L. 104-262, Sec. 205(a)(1), inserted introductory 
provisions and struck out former introductory provisions which read as 
follows: ``In the event that the President or the Secretary proposes to 
the Congress the funding of any construction, alteration, lease, or 
other acquisition to which subsection (a) of this section is applicable, 
the Secretary shall submit to each committee, on the same day, a 
prospectus of the proposed medical facility. Such prospectus shall 
include--''.
    Subsec. (b)(1) to (3). Pub. L. 104-262, Sec. 205(a)(2)-(4), 
substituted ``A detailed'' for ``a detailed'' and ``title.'' for 
``title;'' in par. (1), ``An estimate'' for ``an estimate'' and 
``applicable).'' for ``applicable); and'' in par. (2), and ``An 
estimate'' for ``an estimate'' in par. (3).
    Subsec. (b)(4) to (8). Pub. L. 104-262, Sec. 205(a)(5), added pars. 
(4) to (8).
    Subsec. (f). Pub. L. 104-262, Sec. 206(c), added subsec. (f).
    1993--Subsec. (a)(3)(A). Pub. L. 103-79 substituted ``$3,000,000'' 
for ``$2,000,000''.
    1992--Subsec. (a)(2). Pub. L. 102-405, Sec. 301(a)(1), amended par. 
(2) generally. Prior to amendment, par. (2) read as follows: ``It shall 
not be in order in the Senate or in the House of Representatives to 
consider a bill, resolution, or amendment which would make an 
appropriation for any fiscal year which may be expended for a major 
medical facility project or a major medical facility lease unless--
        ``(A) such bill, resolution, or amendment specifies the amount 
    to be appropriated for that project or lease,
        ``(B) the project or lease has been approved in a resolution 
    adopted by the Committee on Veterans' Affairs of that House, and
        ``(C) the amount to be appropriated for that project or lease is 
    no more than the amount specified in that resolution for that 
    project or lease for that fiscal year.''
    Subsec. (a)(3)(B). Pub. L. 102-405, Sec. 301(a)(2), inserted ``new'' 
after ``as a'' and substituted ``$300,000'' for ``$500,000''.
    Subsec. (c). Pub. L. 102-405, Sec. 301(a)(3), substituted ``law'' 
for ``resolution'' in two places.
    1991--Pub. L. 102-40, Sec. 402(b)(1), renumbered section 5004 of 
this title as this section.
    Subsec. (b). Pub. L. 102-83 substituted ``Secretary'' for 
``Administrator'' in two places in introductory provisions.
    Subsec. (b)(1). Pub. L. 102-40, Sec. 402(d)(1), substituted ``8111'' 
for ``5011''.
    Subsec. (c). Pub. L. 102-83 substituted ``Secretary'' for 
``Administrator'' and ``Secretary's'' for ``Administrator's''.
    Subsecs. (d), (e). Pub. L. 102-83 substituted ``Secretary'' for 
``Administrator'' wherever appearing.
    1988--Subsec. (a)(2). Pub. L. 100-322, Sec. 422(a), amended par. (2) 
generally. Prior to amendment, par. (2) read as follows: ``After the 
adoption by the committees during a fiscal year of resolutions with 
identical texts approving major medical facility projects, it shall not 
be in order in the House of Representatives or in the Senate to consider 
a bill, resolution, or amendment making an appropriation for that fiscal 
year or for the next fiscal year which may be expended for a major 
medical facility project--
        ``(A) if the project for which the appropriation is proposed to 
    be made is not approved in those resolutions; or
        ``(B) in the event that the project is approved in the 
    resolutions, if either--
            ``(i) the bill, resolution, or amendment making the 
        appropriation does not specify--
                ``(I) the medical facility project for which the 
            appropriation is proposed to be made; and
                ``(II) the amount proposed to be appropriated for the 
            project; or
            ``(ii) the amount proposed to be appropriated for the 
        project (when added to any amount previously appropriated for 
        the project) exceeds the amount approved for the project.''
    Subsec. (a)(3), (4). Pub. L. 100-322, Sec. 422(b), added par. (3) 
and struck out former pars. (3) and (4) which read as follows:
    ``(3) No appropriation may be made for the lease of any space for 
use as a medical facility at an average annual rental of more than 
$500,000 unless each committee has first adopted a resolution approving 
such lease and setting forth the estimated cost thereof.
    ``(4) For the purpose of this subsection, the term `major medical 
facility project' means a project for the construction, alteration, or 
acquisition of a medical facility involving a total expenditure of more 
than $2,000,000. Such term does not include an acquisition by 
exchange.''
    Subsec. (c). Pub. L. 100-322, Sec. 422(c), amended subsec. (c) 
generally. Prior to amendment, subsec. (c) read as follows: ``The 
estimated cost of any construction, alteration, lease, or other 
acquisition that is approved under this section, as set forth in the 
pertinent resolutions described in subsection (a) of this section, may 
be increased by the Administrator in the contract for such construction, 
alteration, lease, or other acquisition by an amount equal to the 
percentage increase, if any, as determined by the Administrator, in 
construction, alteration, lease, or other acquisition costs, as the case 
may be, from the date of such approval to the date of contract, but in 
no event may the amount of such increase exceed 10 per centum of such 
estimated cost.''
    Subsecs. (d) to (f). Pub. L. 100-322, Sec. 422(d), redesignated 
subsecs. (e) and (f) as (d) and (e), respectively, and struck out former 
subsec. (d) which read as follows: ``In the case of any medical facility 
approved for construction, alteration, lease, or other acquisition by 
each committee under subsection (a) of this section for which funds have 
not been appropriated within one year after the date of such approval, 
either such committee may by resolution rescind its approval at any time 
thereafter before such funds are appropriated.''
    1986--Subsec. (b)(1). Pub. L. 99-576 inserted ``and to the sharing 
of health-care resources with the Department of Defense under section 
5011 of this title'' at end.
    1985--Subsec. (a). Pub. L. 99-166, Sec. 301, amended subsec. (a) 
generally. Prior to amendment, subsec. (a) read as follows: ``In order 
to ensure the equitable distribution of medical facilities throughout 
the United States, taking into consideration the comparative urgency of 
the need for the services to be provided in the case of each particular 
facility--
        ``(1) no appropriation may be made for the construction, 
    alteration, or acquisition (not including exchanges) of any medical 
    facility which involves a total expenditure of more than $2,000,000 
    unless each committee has first adopted a resolution approving such 
    construction, alteration, or acquisition and setting forth the 
    estimated cost thereof; and
        ``(2) no appropriation may be made for the lease of any space 
    for use as a medical facility at an average annual rental of more 
    than $500,000 unless each committee has first adopted a resolution 
    approving such lease and setting forth the estimated cost thereof.''
    Subsec. (b)(1). Pub. L. 99-166, Sec. 303, inserted ``and, in the 
case of a prospectus proposing the construction of a new or replacement 
medical facility, a description of the consideration that was given to 
acquiring an existing facility by lease or purchase'' after ``such 
facility''.


                    Effective Date of 1996 Amendment

    Section 205(b) of Pub. L. 104-262 provided that: ``The amendments 
made by subsection (a) [amending this section] shall apply with respect 
to any prospectus submitted by the Secretary of Veterans Affairs after 
the date of the enactment of this Act [Oct. 9, 1996].''


                    Effective Date of 1992 Amendment

    Section 206(b)(2) of Pub. L. 104-262 provided that: ``The amendments 
made by subsection (a) of such section [meaning section 301(a) of Pub. 
L. 102-405, amending this section] shall apply with respect to any major 
medical facility project or any major medical facility lease of the 
Department of Veterans Affairs, regardless of when funds are first 
appropriated for that project or lease, except that in the case of a 
project for which funds were first appropriated before October 9, 1992, 
such amendments shall not apply with respect to amounts appropriated for 
that project for a fiscal year before fiscal year 1998.''
    Section 301(b) of Pub. L. 102-405 provided that the amendments made 
by section 301(a) of Pub. L. 102-405, amending this section, were not 
applicable with respect to any project for which funds were appropriated 
before Oct. 9, 1992, prior to repeal by Pub. L. 104-262, title II, 
Sec. 206(b)(1), Oct. 9, 1996, 110 Stat. 3190.

                  Section Referred to in Other Sections

    This section is referred to in sections 8103, 8107, 8109, 8116 of 
this title.
