Page:United States Statutes at Large Volume 115 Part 2.djvu/182

 115 STAT. 1166 PUBLIC LAW 107-107—DEC. 28, 2001 determines necessary to cover the costs chargeable to those appropriations for uniformed service retiree health care programs for beneficiaries under those programs who are medicare-eligible. Such transfers may include amounts necessary for the administration of such programs. Amounts so transferred shall be merged with and be available for the same purposes and for the same time period as the appropriation to which transferred. Upon a determination that all or part of the funds transferred from the Fund are not necessary for the purposes for which transferred, such amounts may be transferred back to the Fund. This transfer authority is in addition to any other transfer authority that may be available to the Secretary. "(2) A transfer from the Fund under paragraph (1) may not be made to an appropriation after the end of the second fiscal year after the fiscal year that the appropriation is available for obligation. A transfer back to the Fund under paragraph (1) may not be made after the end of the second fiscal year after the fiscal year for which the appropriation to which the funds were originally transferred is available for obligation. Regiilations. "(d) The Secretary of Defense shall by regulation establish the method or methods for calculating amounts to be transferred under subsection (c). Such method or methods may be based (in whole or in part) on a proportionate share of the volume (measured as the Secretary determines appropriate) of health care services provided or paid for under uniformed service retiree health care programs for beneficiaries under those programs who are medicareeligible in relation to the total volume of health care services provided or paid for under Department of Defense health care programs. Deadlines. "(e) The regulations prescribed by the Secretary under subsection (d) shall be provided to the Comptroller General not less Reports. than 60 days before such regulations become effective. The Comptroller General shall, not later than 30 days Eifter receiving such regulations, report to the Secretary of Defense and Congress on the adequacy and appropriateness of the regulations. "(f) If the Secretary of Defense enters into an agreement with another administering Secretary pursuant to section 1111(c), the Secretary of Defense may take the actions described in subsections (c), (d), and (e) on behalf of the beneficiaries and programs of the other participating uniformed service.". (d) SOURCE OF FUNDS FOR MONTHLY ACCRUAL PAYMENTS INTO THE FUND. — Section 1116 of such title is further amended— (1) in subsection (a)(2)(B) (as amended by subsection (b)(4)), by striking the sentence beginning "Amounts paid into"; and (2) by adding at the end the following new subsection: "(c) Amounts paid into the Fund under subsection (a) shall be paid from funds available for the health care programs of the participating uniformed services under the jurisdiction of the respective administering Secretaries.". (e) TECHNICAL AMENDMENTS.— (1) Sections 1111(a), 1115(c)(2), 1116(a)(1)(A), and 1116(a)(2)(A) of such title are amended by striking "Department of Defense retiree health care programs" and inserting "uniformed services retiree health care programs". (2) The heading for section 1111 of such title is amended to read as follows:

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