Page:United States Statutes at Large Volume 123.djvu/2592

 123STA T . 2 57 2 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9Departm e n t ofV eteran sA ffa i rs M e d i c a lF acilit y Demonstration F u nd ’ ’ ( int h is section referred to as the ‘ ‘Fund’’ ). ( 2 ) ELEM E NTS . —T he Fund shall consist of the follo w in g: (A) Amounts transferred to the Fund b y the S ecretary of Defense , in consultation with the Secretary of the N a v y, from amounts authori z ed and appropriated for the Depart - ment of Defense specifically for that purpose. ( B ) Amounts transferred to the Fund by the Secretary of Veterans Affairs from amounts authorized and appro- priated for the Department of Veterans Affairs specifically for that purpose. ( C ) Amounts transferred to the Fund from medical care collections under paragraph ( 4 ). ( 3 ) DETE R M I N A TI O NO F AMO U NTS TRANSFERRE DG EN- ERALL Y .—The amount transferred to the Fund by each of the Secretary of Defense and the Secretary of Veterans Affairs under subparagraphs (A) and (B), as applicable, of paragraph (2) each fiscal year shall be such amount, as determined by a methodology j ointly established by the Secretary of Defense and the Secretary of Veterans Affairs for purposes of this subsection, that reflects the mission-specific activities, wor k - load, and costs of provision of health care at the facility of the Department of Defense and the Department of Veterans Affairs, respectively. (4) TRANSFERS FROM MEDI C AL CARE COLLECTIONS.— (A) I N GENERAL.—Amounts collected under the authori- ties specified in subparagraph (B) for health care provided at the facility may be transferred to the Fund under para- graph (2)(C). (B) AUT H ORITIES.—The authorities specified in this subparagraph are the following: (i) Section 1095 of title 10, U nited States Code. (ii) Section 1 7 29 of title 3 8, United States Code. (iii) P ublic L aw 87 –6 93, popularly known as the ‘‘Federal Medical Care R ecovery Act’’ (42 U.S.C. 2651 et se q .). (5) ADMINISTRATION.—The Fund shall be administered in accordance with such provisions of the e x ecutive agreement under section 1701 as the Secretary of Defense and the Sec- retary of Veterans Affairs shall jointly include in the executive agreement. Such provisions shall provide for an independent review of the methodology established under paragraph (3). (b) A V AILA B ILITY.— (1) IN GENERAL.—Funds transferred to the Fund under subsection (a) shall be available to fund the operations of the facility, including capital equipment, real property mainte- nance, and minor construction projects that are not required to be specifically authorized by law under section 2805 of title 10, United States Code, or section 8104 of title 38, United States Code. (2) LIMITATION.—The availability of funds transferred to the Fund under subsection (a)(2)(C) shall be subject to the provisions of section 1729A of title 38, United States Code. (3) PERIOD OF AVAILABILITY.— (A) IN GENERAL.—Except as provided in subparagraph (B), funds transferred to the Fund under subsection (a)