38 U.S.C. 8104: Congressional approval of certain medical facility acquisitions

2023

• Pub. L. 118–31, §5001(1), substituted "the amount specified in paragraph (4)" for "$20,000,000" in two places. (National Defense Authorization Act for Fiscal Year 2024) Law text · (a)
• Pub. L. 118–31, §5001(2), added par. (4). (National Defense Authorization Act for Fiscal Year 2024) Law text · (a)

2022

• Pub. L. 117–168, §703(a), designated existing provisions as subpar. (A), struck out "or any major medical facility lease" after "major medical facility project" and "or lease" after "for that project", and added subpar. (B). (Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022" or the "Honoring our PACT Act of 2022) Law text · (a)
• Pub. L. 117–168, §703(b), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: "The term 'major medical facility lease' means a lease for space for use as a new medical facility at an average annual rent of more than $1,000,000." (Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022" or the "Honoring our PACT Act of 2022) Law text · (a)
• Pub. L. 117–263, §5124(b), amended Pub. L. 117–168, §703(c)(5). See below. (James M. Inhofe National Defense Authorization Act for Fiscal Year 2023) Law text · (b)
• Pub. L. 117–168, §703(c)(5), (8), as amended by Pub. L. 117–263, §5124(b), designated existing provisions as par. (1), substituted "to Congress" for "to the Congress" and struck out "or a major medical facility lease (as defined in subsection (a)(3)(B))" after "subsection (a)(3)(A))" in introductor… (Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022" or the "Honoring our PACT Act of 2022) Law text · (b)
• Pub. L. 117–168, §703(c)(2), (4), (6), redesignated subsec. (b)(1) and its subpars. (A) to (E) as subsec. (b)(1)(A) and cls. (i) to (v), respectively, and struck out "leased," after "altered," in introductory provisions. (Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022" or the "Honoring our PACT Act of 2022) Law text · (b)
• Pub. L. 117–168, §703(c)(4), redesignated subsec. (b)(2) to (4) as subsec. (b)(1)(B) to (D), respectively. (Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022" or the "Honoring our PACT Act of 2022) Law text · (b)
• Pub. L. 117–168, §703(c)(4), (7), redesignated subsec. (b)(5) as subsec. (b)(1)(E) and struck out "or lease" after "project" wherever appearing and "or leases" after "projects". (Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022" or the "Honoring our PACT Act of 2022) Law text · (b)
• Pub. L. 117–168, §703(c)(3), (4), redesignated subsec. (b)(6) and its subpars. (A) to (C) as subsec. (b)(1)(F) and cls. (i) to (iii), respectively. (Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022" or the "Honoring our PACT Act of 2022) Law text · (b)
• Pub. L. 117–168, §703(c)(1), struck out par. (7) which required detailed analyses of proposed funding for major medical facility leases. (Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022" or the "Honoring our PACT Act of 2022) Law text · (b)
• Pub. L. 117–168, §703(d), added subsec. (i). (Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022" or the "Honoring our PACT Act of 2022) Law text · (i)
• Pub. L. 117–168, §703(e), added subsec. (j). (Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022" or the "Honoring our PACT Act of 2022) Law text · (j)

2019

• Pub. L. 116–61 added par. (3) and struck out former par. (3) which read as follows: "For purposes 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 mor… (Department of Veterans Affairs Expiring Authorities Act of 2019) Law text · (a)

2018

• Pub. L. 115–182, which directed the general amendment of par. (3) of section 8104(a), without specifying the Code title to be amended, was executed by amending par. (3) of subsec. (a) of this section, to reflect the probable intent of Congress. Prior to amendment, par. (3) read as f… (John S. McCain III, Daniel K. Akaka, and Samuel R. Johnson VA Maintaining Internal Systems and Strengthening Integrated Outside Networks Act of 2018" or the "VA MISSION Act of 2018) Law text · (a)

2016

• Pub. L. 114–315, §801(b), designated existing provisions as par. (1) and added par. (2). (Jeff Miller and Richard Blumenthal Veterans Health Care and Benefits Improvement Act of 2016) Law text · (c)
• Pub. L. 114–315, §801(c), added cl. (ii), redesignated former cls. (ii) and (iii) as (iii) and (iv), respectively, and in cls. (iii) and (iv) substituted "bid savings amounts" for "amounts". (Jeff Miller and Richard Blumenthal Veterans Health Care and Benefits Improvement Act of 2016) Law text · (d)

2014

• Pub. L. 113–146, §602(c)(1), added par. (7). (Veterans Access, Choice, and Accountability Act of 2014) Law text · (b)
• Pub. L. 113–146, §602(c)(2), added subsec. (h). (Veterans Access, Choice, and Accountability Act of 2014) Law text · (h)

2011

• Pub. L. 112–37, §6(1)(A), substituted "detailed estimate of the total costs" for "detailed description" and "a detailed report of the consideration" for "a description of the consideration" and inserted at end "Such detailed estimate shall include an identification of each of the fo… (Veterans Health Care Facilities Capital Improvement Act of 2011) Law text · (b)
• Pub. L. 112–37, §6(1)(B), (C), struck out par. (2), redesignated par. (4) as (2), and substituted "a five-year period, a ten-year period, and a twenty-year period" for "a five-year period and a ten-year period". Prior to amendment, par. (2) read as follows: "An estimate of the cost … (Veterans Health Care Facilities Capital Improvement Act of 2011) Law text · (b)
• Pub. L. 112–37, §6(1)(B), (D), struck out par. (3), redesignated par. (5) as (3), and inserted before period at end ", including information on projected changes in workload and utilization over a five-year period, a ten-year period, and a twenty-year period". Prior to amendment, pa… (Veterans Health Care Facilities Capital Improvement Act of 2011) Law text · (b)
• Pub. L. 112–37, §6(1)(B), (E), redesignated par. (6) as (4), substituted "Projected" for "Current and projected", and inserted before period at end "(including and identifying both recurring and non-recurring costs (including activation costs and total costs of ancillary services, e… (Veterans Health Care Facilities Capital Improvement Act of 2011) Law text · (b)
• Pub. L. 112–37, §6(1)(B), redesignated par. (7) as (5). Former par. (5) redesignated (3). (Veterans Health Care Facilities Capital Improvement Act of 2011) Law text · (b)
• Pub. L. 112–37, §6(1)(B), (F), redesignated par. (8) as (6), substituted "each of the following:" for "a description of each alternative to construction of the facility that was considered.", and added subpars. (A) to (C). Former par. (6) redesignated (4). (Veterans Health Care Facilities Capital Improvement Act of 2011) Law text · (b)
• Pub. L. 112–37, §6(1)(B), redesignated pars. (7) and (8) as (5) and (6), respectively. (Veterans Health Care Facilities Capital Improvement Act of 2011) Law text · (b), (8)
• Pub. L. 112–37, §6(2)(A), substituted "major construction project" for "major medical facility project" wherever appearing. (Veterans Health Care Facilities Capital Improvement Act of 2011) Law text · (d)
• Pub. L. 112–37, §6(2)(B)(i), substituted "major construction projects" for "major medical facility projects". (Veterans Health Care Facilities Capital Improvement Act of 2011) Law text · (d)
• Pub. L. 112–37, §6(2)(B)(ii), substituted "major construction project" for "major medical facility" in introductory provisions. (Veterans Health Care Facilities Capital Improvement Act of 2011) Law text · (d)
• Pub. L. 112–37, §7, added subpar. (C). (Veterans Health Care Facilities Capital Improvement Act of 2011) Law text · (d)

2010

• Pub. L. 111–275 designated existing provisions as par. (1), substituted "Except as provided in paragraph (2), in any case" for "In any case", and added par. (2). (Veterans' Benefits Act of 2010) Law text · (d)

2008

• Pub. L. 110–387 substituted "$1,000,000" for "$600,000". (Veterans' Mental Health and Other Care Improvements Act of 2008) Law text · (a)

2006

• Pub. L. 109–461 substituted "$10,000,000" for "$7,000,000". (Veterans Benefits, Health Care, and Information Technology Act of 2006) Law text · (a)

2004

• Pub. L. 108–422 added subsec. (g). (Veterans Health Programs Improvement Act of 2004) Law text · (g)

2003

• Pub. L. 108–170 substituted "$7,000,000" for "$4,000,000". (Veterans Health Care, Capital Asset, and Business Improvement Act of 2003) Law text · (a)

1998

• Pub. L. 105–368 substituted "$600,000" for "$300,000". (Veterans Programs Enhancement Act of 1998) Law text · (a)

1996

• Pub. L. 104–262, §206(a), substituted "$4,000,000" for "$3,000,000". (Veterans' Health Care Eligibility Reform Act of 1996) Law text · (a)
• Pub. L. 104–262, §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 whic… (Veterans' Health Care Eligibility Reform Act of 1996) Law text · (b)
• Pub. L. 104–262, §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). (Veterans' Health Care Eligibility Reform Act of 1996) Law text · (b)
• Pub. L. 104–262, §205(a)(5), added pars. (4) to (8). (Veterans' Health Care Eligibility Reform Act of 1996) Law text · (b)
• Pub. L. 104–262, §206(c), added subsec. (f). (Veterans' Health Care Eligibility Reform Act of 1996) Law text · (f)

1993

• Pub. L. 103–79 substituted "$3,000,000" for "$2,000,000". · (a)

1992

• Pub. L. 102–405, §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 … · (a)
• Pub. L. 102–405, §301(a)(2), inserted "new" after "as a" and substituted "$300,000" for "$500,000". · (a)
• Pub. L. 102–405, §301(a)(3), substituted "law" for "resolution" in two places. · (c)

1991

• Pub. L. 102–40, §402(b)(1), renumbered section 5004 of this title as this section.
• Pub. L. 102–83 substituted "Secretary" for "Administrator" in two places in introductory provisions. · (b)
• Pub. L. 102–40, §402(d)(1), substituted "8111" for "5011". · (b)
• Pub. L. 102–83 substituted "Secretary" for "Administrator" and "Secretary's" for "Administrator's". · (c)
• Pub. L. 102–83 substituted "Secretary" for "Administrator" wherever appearing. · (d), (e)

1988

• Pub. L. 100–322, §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 Repr… · (a)
• Pub. L. 100–322, §422(b), added par. (3) and struck out former pars. (3) and (4) which read as follows: · (a), (4)
• Pub. L. 100–322, §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 subsect… · (c)
• Pub. L. 100–322, §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 sub… · (d), (e), (f)

1986

• 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. · (b)

1985

• Pub. L. 99–166, §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 … · (a)
• Pub. L. 99–166, §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". · (b)