
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 107-135 Section 208(e)(6)]
[Document affected by Public Law 106-398 Section 1[741]]
[CITE: 38USC8111]

 
                      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. 8111. Sharing of Department and Department of Defense 
        health-care resources
        
    (a) The Secretary and the Secretary of the Army, the Secretary of 
the Air Force, and the Secretary of the Navy may enter into agreements 
and contracts for the mutual use or exchange of use of hospital and 
domiciliary facilities, and such supplies, equipment, material, and 
other resources as may be needed to operate such facilities properly, 
except that the Secretary may not enter into an agreement that would 
result (1) in a permanent reduction in the total number of authorized 
Department hospital beds and nursing home beds to a level below the 
minimum number of such beds required by section 8110(a)(1) of this title 
to be authorized, or (2) in a permanent reduction in the total number of 
such beds operated and maintained to a level below the minimum number of 
such beds required by such section to be operated and maintained or in 
any way subordinate or transfer the operation of the Department to any 
other agency of the Government.
    (b)(1) In order to promote the sharing of health-care resources 
between the Department and the Department of Defense (hereinafter in 
this section referred to as the ``agencies''), there is established an 
interagency committee to be known as the Department/Department of 
Defense Health-Care Resources Sharing Committee (hereinafter in this 
subsection referred to as the ``Committee'').
    (2) The Committee shall be composed of--
        (A) the Under Secretary for Health and such other officers and 
    employees of the Department as the Under Secretary for Health may 
    designate; and
        (B) the Assistant Secretary of Defense for Health Affairs 
    (hereinafter in this section referred to as the ``Assistant 
    Secretary'') and such other officers and employees of the Department 
    of Defense as the Assistant Secretary may designate,

except that the size of the Committee shall be mutually determined by 
the Under Secretary for Health and the Assistant Secretary. During odd-
numbered fiscal years, the Under Secretary for Health shall be the 
chairman of the Committee. During even-numbered fiscal years, the 
Assistant Secretary shall be the chairman of the Committee. The agencies 
shall provide administrative support services for the Committee at a 
level sufficient for the efficient operation of the Committee and shall 
share the responsibility for the provision of such services on an 
equitable basis.
    (3) In order to enable the Committee to make recommendations under 
paragraph (4) of this subsection, the Committee shall on a continuing 
basis--
        (A) review existing policies, procedures, and practices relating 
    to the sharing of health-care resources between the agencies;
        (B) identify and assess further opportunities for the sharing of 
    health-care resources between the agencies that would not, in the 
    judgment of the Committee, adversely affect the range of services, 
    the quality of care, or the established priorities for care provided 
    by either agency;
        (C) identify changes in policies, procedures, and practices that 
    would, in the judgment of the Committee, promote such sharing of 
    health-care resources between the agencies;
        (D) monitor plans of the agencies for the acquisition of 
    additional health-care resources, including the location of new 
    facilities and the acquisition of major equipment, in order to 
    assess the potential impact of such plans on further opportunities 
    for such sharing of health-care resources; and
        (E) monitor the implementation of activities designed to promote 
    the sharing of health-care resources between the agencies.

    (4) At such times as the Committee considers appropriate, the 
Committee shall make recommendations to the Secretary or the Secretary 
of Defense, or both, with respect to (A) changes in policies, 
procedures, and practices that the Committee has identified under 
paragraph (3)(C) of this subsection pertaining to the sharing of health-
care resources described in such paragraph, and (B) such other matters 
as the Committee considers appropriate in order to promote such sharing 
of health-care resources.
    (c)(1) After considering the recommendations made under subsection 
(b)(4) of this section, the Secretary and the Secretary of Defense shall 
jointly establish guidelines to promote the sharing of health-care 
resources between the agencies. Guidelines established under this 
subsection shall provide for such sharing consistent with the health-
care responsibilities of the Department under this title and with the 
health-care responsibilities of the Department of Defense under chapter 
55 of title 10 and so as not to adversely affect the range of services, 
the quality of care, or the established priorities for care provided by 
either agency.
    (2) Guidelines established under paragraph (1) of this subsection 
shall authorize the heads of individual medical facilities of the 
agencies to enter into health-care resources sharing agreements in 
accordance with subsection (d) of this section and shall include 
guidelines for such agreements.
    (d)(1) The head of each medical facility of either agency is 
authorized to enter into sharing agreements with the heads of medical 
facilities of the other agency in accordance with guidelines established 
under subsection (c) of this section. Under any such agreement, an 
individual who is a primary beneficiary of one agency may be provided 
health care at a facility of the other agency that is a party to the 
sharing agreement.
    (2) Each such agreement shall identify the health-care resources to 
be shared.
    (3) Each such agreement shall provide, and shall specify procedures 
designed to ensure, that the availability of direct health care to 
individuals who are not primary beneficiaries of the providing agency 
(A) is on a referral basis from the facility of the other agency, and 
(B) does not (as determined by the head of the facility of the providing 
agency) adversely affect the range of services, the quality of care, or 
the established priorities for care provided to the primary 
beneficiaries of the providing agency.
    (4) Each such agreement shall provide that a providing agency shall 
be reimbursed for the cost of the health-care resources provided under 
the agreement and that the rate for such reimbursement shall be 
determined in accordance with the methodology agreed to pursuant to 
subsection (e) of this section.
    (5) Each proposal for an agreement under paragraph (1) of this 
subsection shall be submitted to the Under Secretary for Health and the 
Assistant Secretary and shall be effective as an agreement in accordance 
with its terms (A) on the forty-sixth day after the receipt of such 
proposal by both such officials, unless earlier disapproved by either 
such official, or (B) if earlier approved by both such officials, on the 
date of such approval.
    (e) Reimbursement under any sharing agreement entered into under 
subsection (d) of this section shall be based upon a methodology that is 
agreed upon by the Under Secretary for Health and the Assistant 
Secretary and that provides appropriate flexibility to the heads of the 
facilities concerned to take into account local conditions and needs and 
the actual costs to the providing agency's facility of the health-care 
resources provided. Any funds received through such a reimbursement 
shall be credited to funds that have been allotted to the facility that 
provided the care or services.
    (f) At the time the President's Budget is transmitted to Congress in 
any year pursuant to section 1105 of title 31, the Secretary and the 
Secretary of Defense shall submit a joint report to Congress on the 
implementation of this section during the fiscal year that ended during 
the previous calendar year. Each such report shall include--
        (1) the guidelines prescribed under subsection (c) of this 
    section (and any revision of such guidelines);
        (2) the assessment of further opportunities identified under 
    clause (B) of subsection (b)(3) of this section for sharing of 
    health-care resources between the agencies;
        (3) any recommendation made under subsection (b)(4) of this 
    section during such fiscal year;
        (4) a review of the sharing agreements entered into under 
    subsection (d) of this section and a summary of activities under 
    such agreements during such fiscal year;
        (5) a summary of other planning and activities involving either 
    agency in connection with promoting the coordination and sharing of 
    Federal health-care resources during the preceding fiscal year; and
        (6) such recommendations for legislation as the Secretary and 
    the Secretary of Defense consider appropriate to facilitate the 
    sharing of health-care resources between the agencies.

    (g) For the purposes of this section:
        (1) The term ``beneficiary'' means a person who is a primary 
    beneficiary of the Department or of the Department of Defense.
        (2) The term ``direct health care'' means health care provided 
    to a beneficiary in a medical facility operated by the Department or 
    the Department of Defense.
        (3) The term ``head of a medical facility'' (A) with respect to 
    a medical facility of the Department, means the director of the 
    facility, and (B) with respect to a medical facility of the 
    Department of Defense, means the medical or dental officer in charge 
    or the contract surgeon in charge.
        (4) The term ``health-care resource'' includes hospital care, 
    medical services, and rehabilitative services, as those terms are 
    defined in paragraphs (5), (6), and (8), respectively, of section 
    1701 of this title, any other health-care service, and any health-
    care support or administrative resource.
        (5) The term ``primary beneficiary'' (A) with respect to the 
    Department means a person who is eligible under this title (other 
    than under section 1711(b) or 1713 or subsection (d) of this 
    section) or any other provision of law for care or services in 
    Department medical facilities, and (B) with respect to the 
    Department of Defense, means a member or former member of the Armed 
    Forces who is eligible for care under section 1074 of title 10.
        (6) The term ``providing agency'' means the Department, in the 
    case of care or services furnished by a facility of the Department, 
    and the Department of Defense, in the case of care or services 
    furnished by a facility of the Department of Defense.

(Added Pub. L. 96-22, title III, Sec. 301(a), June 13, 1979, 93 Stat. 
60, Sec. 5011; amended Pub. L. 97-174, Sec. 3(a), (b)(1), May 4, 1982, 
96 Stat. 70, 73; Pub. L. 97-452, Sec. 2(e)(4), Jan. 12, 1983, 96 Stat. 
2479; renumbered Sec. 8111 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, 
Secs. 4(a)(3), (4), (b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat. 
404-406; Pub. L. 102-405, title III, Sec. 302(c)(1), Oct. 9, 1992, 106 
Stat. 1984; Pub. L. 103-446, title XII, Sec. 1201(g)(8), (i)(10), Nov. 
2, 1994, 108 Stat. 4687, 4688.)


                            Prior Provisions

    Provisions similar to those comprising this section were contained 
in former section 5003 of this title prior to the general revision of 
this subchapter by Pub. L. 96-22.


                               Amendments

    1994--Subsec. (b)(2). Pub. L. 103-446, Sec. 1201(g)(8)(A), in 
concluding provisions, substituted ``During odd-numbered fiscal years'' 
for ``During fiscal years 1982 and 1983'' and ``During even-numbered 
fiscal years'' for ``During fiscal year 1984'' and struck out after 
third sentence ``Thereafter, the chairmanship of the Committee shall 
alternate each fiscal year between the Under Secretary for Health and 
the Assistant Secretary.''
    Subsec. (b)(4). Pub. L. 103-446, Sec. 1201(g)(8)(B), substituted 
``At such times as'' for ``Within nine months of the date of the 
enactment of this subsection and at such times thereafter as''.
    Subsec. (f)(6). Pub. L. 103-446, Sec. 1201(i)(10), inserted ``of 
Defense'' after second reference to ``Secretary''.
    1992--Subsecs. (b)(2), (d)(5), (e). Pub. L. 102-405 substituted 
``Under Secretary for Health'' for ``Chief Medical Director'' wherever 
appearing.
    1991--Pub. L. 102-40, Sec. 402(b)(1), renumbered section 5011 of 
this title as this section.
    Pub. L. 102-83, Sec. 4(a)(3), (4), substituted ``Sharing of 
Department'' for ``Sharing of Veterans' Administration'' in section 
catchline.
    Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted 
``Secretary'' for ``Administrator'' in two places.
    Pub. L. 102-83, Sec. 4(a)(3), (4), substituted ``Department'' for 
``Veterans' Administration'' in two places.
    Pub. L. 102-40, Sec. 402(d)(1), substituted ``8110(a)(1)'' for 
``5010(a)(1)''.
    Subsec. (b). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted 
``Secretary'' for ``Administrator'' in par. (4).
    Pub. L. 102-83, Sec. 4(a)(3), (4), substituted ``Department'' for 
``Veterans' Administration'' wherever appearing in pars. (1) and (2)(A).
    Subsec. (c)(1). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted 
``Secretary'' for ``Administrator''.
    Pub. L. 102-83, Sec. 4(a)(3), (4), substituted ``Department'' for 
``Veterans' Administration''.
    Subsec. (f). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted 
``Secretary'' for ``Administrator'' in introductory provisions and in 
par. (6).
    Subsec. (g). Pub. L. 102-83, Sec. 5(c)(1), substituted ``1701'' for 
``601'' in par. (4) and ``1711(b) or 1713'' for ``611(b) or 613'' in 
par. (5).
    Pub. L. 102-83, Sec. 4(a)(3), (4), substituted ``Department'' for 
``Veterans' Administration'' wherever appearing.
    1983--Subsec. (f). Pub. L. 97-452 substituted ``section 1105 of 
title 31'' for ``section 201(a) of the Budget and Accounting Act, 1921 
(31 U.S.C. 11(a))''.
    1982--Pub. L. 97-174, Sec. 3(b)(1), substituted ``Sharing of 
Veterans' Administration and Department of Defense health-care 
resources'' for ``Use of Armed Forces facilities'' in section catchline.
    Subsec. (a). Pub. L. 97-174, Sec. 3(a)(1), (2), designated existing 
provisions as subsec. (a) and substituted ``material, and other 
resources as may be needed to operate such facilities properly, except 
that the Administrator may not enter into an agreement that would result 
(1) in a permanent reduction in the total number of authorized Veterans' 
Administration hospital beds and nursing home beds to a level below the 
minimum number of such beds required by section 5010(a)(1) of this title 
to be authorized, or (2) in a permanent reduction in the total number of 
such beds operated and maintained to a level below the minimum number of 
such beds required by such section to be operated and maintained'' for 
``and material as may be needed to operate such facilities properly, or 
for the transfer, without reimbursement of appropriations, of 
facilities, supplies, equipment, or material necessary and proper for 
authorized care for veterans, except that at no time shall the 
Administrator enter into any agreement which will result in a permanent 
reduction of Veterans' Administration hospital and domiciliary beds 
below the number established or approved on June 22, 1944, plus the 
estimated number required to meet the load of eligibles under this 
title,''.
    Subsecs. (b) to (g). Pub. L. 97-174, Sec. 3(a)(3), added subsecs. 
(b) to (g).


          Access to Care for TRICARE-Eligible Military Retirees

    Pub. L. 106-117, title I, Sec. 113, Nov. 30, 1999, 113 Stat. 1556, 
provided that:
    ``(a) Interagency Agreement.--(1) The Secretary of Defense shall 
enter into an agreement (characterized as a memorandum of understanding 
or otherwise) with the Secretary of Veterans Affairs with respect to the 
provision of medical care by the Secretary of Veterans Affairs to 
eligible military retirees in accordance with the provisions of 
subsection (c). That agreement shall include provisions for 
reimbursement of the Secretary of Veterans Affairs by the Secretary of 
Defense for medical care provided by the Secretary of Veterans Affairs 
to an eligible military retiree and may include such other provisions 
with respect to the terms and conditions of such care as may be agreed 
upon by the two Secretaries.
    ``(2) Reimbursement under the agreement under paragraph (1) shall be 
in accordance with rates agreed upon by the Secretary of Defense and the 
Secretary of Veterans Affairs. Such reimbursement may be made by the 
Secretary of Defense or by the appropriate TRICARE Managed Care Support 
contractor, as determined in accordance with that agreement.
    ``(3) In entering into the agreement under paragraph (1), 
particularly with respect to determination of the rates of reimbursement 
under paragraph (2), the Secretary of Defense shall consult with TRICARE 
Managed Care Support contractors.
    ``(4) The Secretary of Veterans Affairs may not enter into an 
agreement under paragraph (1) for the provision of care in accordance 
with the provisions of subsection (c) with respect to any geographic 
service area, or a part of any such area, of the Veterans Health 
Administration unless--
        ``(A) in the judgment of that Secretary, the Department of 
    Veterans Affairs will recover the costs of providing such care to 
    eligible military retirees; and
        ``(B) that Secretary has certified and documented, with respect 
    to any geographic service area in which the Secretary proposes to 
    provide care in accordance with the provisions of subsection (c), 
    that such geographic service area, or designated part of any such 
    area, has adequate capacity (consistent with the requirements in 
    section 1705(b)(1) of title 38, United States Code, that care to 
    enrollees shall be timely and acceptable in quality) to provide such 
    care.
    ``(5) The agreement under paragraph (1) shall be entered into by the 
Secretaries not later than nine months after the date of the enactment 
of this Act [Nov. 30, 1999]. If the Secretaries are unable to reach 
agreement, they shall jointly report, by that date or within 30 days 
thereafter, to the Committees on Armed Services and the Committees on 
Veterans' Affairs of the Senate and House of Representatives on the 
reasons for their inability to reach an agreement and their mutually 
agreed plan for removing any impediments to final agreement.
    ``(b) Depositing of Reimbursements.--Amounts received by the 
Secretary of Veterans Affairs under the agreement under subsection (a) 
shall be deposited in the Department of Veterans Affairs Health Services 
Improvement Fund established under section 1729B of title 38, United 
States Code, as added by section 202.
    ``(c) Copayment Requirement.--The provisions of subsections (f)(1) 
and (g)(1) of section 1710 of title 38, United States Code, shall not 
apply in the case of an eligible military retiree who is covered by the 
agreement under subsection (a).
    ``(d) Phased Implementation.--(1) The Secretary of Defense shall 
include in each TRICARE contract entered into after the date of the 
enactment of this Act [Nov. 30, 1999] provisions to implement the 
agreement under subsection (a).
    ``(2) The provisions of the agreement under subsection (a)(2) and 
the provisions of subsection (c) shall apply to the furnishing of 
medical care by the Secretary of Veterans Affairs in any area of the 
United States only if that area is covered by a TRICARE contract that 
was entered into after the date of the enactment of this Act.
    ``(e) Eligible Military Retirees.--For purposes of this section, an 
eligible military retiree is a member of the Army, Navy, Air Force, or 
Marine Corps who--
        ``(1) has retired from active military, naval, or air service;
        ``(2) is eligible for care under the TRICARE program established 
    by the Secretary of Defense;
        ``(3) has enrolled for care under section 1705 of title 38, 
    United States Code; and
        ``(4) is not described in paragraph (1) or (2) of section 
    1710(a) of such title.''


 Health-Care Sharing Agreements Between Department of Veterans Affairs 
                        and Department of Defense

    Pub. L. 104-262, title III, Sec. 302(b)(2), Oct. 9, 1996, 110 Stat. 
3193, provided that: ``Any services provided pursuant to agreements 
entered into under section 201 of such Act [Pub. L. 102-585] (38 U.S.C. 
8111 note) during the period beginning on October 1, 1996, and ending on 
the date of the enactment of this Act [Oct. 9, 1996] are hereby 
ratified.''
    Pub. L. 102-585, title II, Nov. 4, 1992, 106 Stat. 4949, as amended 
by Pub. L. 103-446, title XII, Sec. 1202(e)(1), Nov. 2, 1994, 108 Stat. 
4689; Pub. L. 104-262, title III, Sec. 302(a), (b)(1), (c), Oct. 9, 
1996, 110 Stat. 3193, provided that:
``SEC. 201. TEMPORARY EXPANSION OF AUTHORITY FOR SHARING AGREEMENTS.
    ``(a) Authority.--The Secretary of Veterans Affairs may enter into 
an agreement with the Secretary of Defense under this section to expand 
the availability of health-care sharing arrangements with the Department 
of Defense under section 8111(c) of title 38, United States Code. Under 
such an agreement--
        ``(1) the head of a Department of Veterans Affairs medical 
    facility may enter into agreements under section 8111(d) of that 
    title with (A) the head of a Department of Defense medical facility, 
    (B) with any other official of the Department of Defense responsible 
    for the provision of care under chapter 55 of title 10, United 
    States Code, to persons who are covered beneficiaries under that 
    chapter, in the region of the Department of Veterans Affairs medical 
    facility, or (C) with a contractor of the Department of Defense 
    responsible for the provision of care under chapter 55 of title 10, 
    United States Code, to persons who are covered beneficiaries under 
    that chapter, in the region of the Department of Veterans Affairs 
    medical facility; and
        ``(2) the term `primary beneficiary' shall be treated as 
    including--
            ``(A) with respect to the Department of Veterans Affairs, 
        any person who is described in section 1713 of title 38, United 
        States Code; and
            ``(B) with respect to the Department of Defense, any person 
        who is a covered beneficiary under chapter 55 of title 10, 
        United States Code.
    ``(b) Use of Funds.--Any amount received by the Secretary from a 
non-Federal entity as payment for services provided by the Secretary 
during a prior fiscal year under an agreement entered into under this 
section may be obligated by the Secretary during the fiscal year in 
which the Secretary receives the payment.
``SEC. 202. REQUIREMENT FOR IMPROVEMENT IN SERVICES FOR VETERANS.
    ``A proposed agreement authorized by section 201 that is entered 
into by the head of a Department of Veterans Affairs medical facility 
may take effect only if the Under Secretary for Health of the Department 
of Veterans Affairs finds, and certifies to the Secretary of Veterans 
Affairs, that implementation of the agreement--
        ``(1) will result in the improvement of services to eligible 
    veterans at that facility; and
        ``(2) will not result in the denial of, or a delay in providing, 
    access to care for any veteran at that facility.
``SEC. 203. EXPANDED SHARING AGREEMENTS WITH DEPARTMENT OF DEFENSE.
    ``Under an agreement under section 201, guidelines under section 
8111(b) of title 38, United States Code, may be modified to provide 
that, notwithstanding any other provision of law, any person who is a 
covered beneficiary under chapter 55 of title 10 and who is furnished 
care or services by a facility of the Department of Veterans Affairs 
under an agreement entered into under section 8111 of that title, or who 
is described in section 1713 of title 38, United States Code, and who is 
furnished care or services by a facility of the Department of Defense, 
may be authorized to receive such care or services--
        ``(1) without regard to any otherwise applicable requirement for 
    the payment of a copayment or deductible; or
        ``(2) subject to a requirement to pay only part of any such 
    otherwise applicable copayment or deductible, as specified in the 
    guidelines.
``[SEC. 204. Repealed. Pub. L. 104-262, title III, Sec. 302(b)(1), Oct. 
        9, 1996, 110 Stat. 3193.]
``SEC. 205. CONSULTATION WITH VETERANS SERVICE ORGANIZATIONS.
    ``In carrying out this title, the Secretary of Veterans Affairs 
shall consult with organizations named in or approved under section 5902 
of title 38, United States Code.
``SEC. 206. ANNUAL REPORT.
    ``(a) In General.--For each of fiscal years 1993 through 1996, the 
Secretary of Defense and the Secretary of Veterans Affairs shall include 
in the annual report of the Secretaries under section 8111(f) of title 
38, United States Code, a description of the Secretaries' implementation 
of this section.
    ``(b) Additional Matters for Fiscal Year 1996 Report.--In the report 
under subsection (a) for fiscal year 1996, the Secretaries shall include 
the following:
        ``(1) An assessment of the effect of agreements entered into 
    under section 201 on the delivery of health care to eligible 
    veterans.
        ``(2) An assessment of the cost savings, if any, associated with 
    provision of services under such agreements to retired members of 
    the Armed Forces, dependents of members or former members of a 
    uniformed service, and beneficiaries under section 1713 of title 38, 
    United States Code.
        ``(3) Any plans for administrative action, and any 
    recommendations for legislation, that the Secretaries consider 
    appropriate to include in the report.
``SEC. 207. AUTHORITY TO BILL HEALTH-PLAN CONTRACTS.
    ``(a) Right To Recover.--In the case of a primary beneficiary (as 
described in section 201(a)(2)(B)) who has coverage under a health-plan 
contract, as defined in section 1729(i)(1)(A) of title 38, United States 
Code, and who is furnished care or services by a Department medical 
facility pursuant to this title, the United States shall have the right 
to recover or collect charges for such care or services from such 
health-plan contract to the extent that the beneficiary (or the provider 
of the care or services) would be eligible to receive payment for such 
care or services from such health-plan contract if the care or services 
had not been furnished by a department or agency of the United States. 
Any funds received from such health-plan contract shall be credited to 
funds that have been allotted to the facility that furnished the care or 
services.
    ``(b) Enforcement.--The right of the United States to recover under 
such a beneficiary's health-plan contract shall be enforceable in the 
same manner as that provided by subsections (a)(3), (b), (c)(1), (d), 
(f), (h), and (i) of section 1729 of title 38, United States Code.''


                         Congressional Findings

    Section 2(a) of Pub. L. 97-174 provided that: ``The Congress makes 
the following findings:
        ``(1) There are opportunities for greater sharing of the health-
    care resources of the Veterans' Administration and the Department of 
    Defense which would, if achieved, be beneficial to both veterans and 
    members of the Armed Forces and could result in reduced costs to the 
    Government by minimizing duplication and underuse of health-care 
    resources.
        ``(2) Present incentives to encourage such sharing of health-
    care resources are inadequate.
        ``(3) Such sharing of health-care resources can be achieved 
    without a detrimental effect on the primary health-care 
    beneficiaries of the Veterans' Administration and the Department of 
    Defense.''


   Regular Consultations of Assistant Secretary of Defense for Health 
       Affairs With Surgeons General of Army, Navy, and Air Force

    Section 3(c) of Pub. L. 97-174 provided that: ``The Assistant 
Secretary of Defense for Health Affairs shall consult regularly with the 
Surgeons General of the Army, Navy, and Air Force in carrying out the 
duties and functions assigned to the Assistant Secretary in section 5011 
[now 8111] of title 38, United States Code, as amended by subsection (a) 
of this section.''


    Guidelines To Promote Sharing of Health-Care Resources; Initial 
                              Establishment

    Section 3(d) of Pub. L. 97-174 provided that: ``The guidelines 
required to be established under subsection (c) of section 5011 [now 
8111] of title 38, United States Code, as added by subsection (a) of 
this section, shall initially be established not later than twelve 
months after the date of the enactment of this Act [May 4, 1982].''

                  Section Referred to in Other Sections

    This section is referred to in sections 712, 8102, 8104, 8107 of 
this title; title 10 sections 1104, 2641.
