AUTHORITY TO HOLD JOINT TITLE TO MEDICAL EQUIPMENT.

SEC. 103. AUTHORITY TO HOLD JOINT TITLE TO MEDICAL EQUIPMENT. (a) In General.— (1) Chapter 81 is amended by adding at the end of subchapter IV the following new sections: “§ 8157. Joint title to medical equipment “(a) Subject to subsection (b), the Secretary may enter into agreements with institutions described in section 8153(a) of this title for the joint acquisition of medical equipment. “(b) (1) The Secretary may not pay more than one-half of the purchase price of equipment acquired through an agreement under subsection (a). “(2) Any equipment to be procured under such an agreement shall be procured by the Secretary. Title to such equipment shall be held jointly by the United States and the institution. “(3) Before equipment acquired under such an agreement may be used, the parties to the agreement shall arrange by contract under section 8153 of this title for the exchange or use of the equipment. “(4) The Secretary may not contract for the acquisition of medical equipment to be purchased jointly under an agreement under subsection (a) until the institution which enters into the agreement 106 STAT. 1974provides to the Secretary its share of the purchase price of the medical equipment. “(c) (1) Notwithstanding any other provision of law, the Secretary may transfer the interest of the Department in equipment acquired through an agreement under subsection (a) to the institution which holds joint title to the equipment if the Secretary determines that the transfer would be justified by compelling clinical considerations or the economic interest of the Department. Any such transfer may only be made upon agreement by the institution to pay to the Department the amount equal to one-half of the depreciated purchase price of the equipment. Any such payment when received shall be credited to the applicable Department medical appropriation. “(2) Notwithstanding any other provision of law, the Secretary may acquire the interest of an institution in equipment acquired under subsection (a) if the Secretary determines that the acquisition would be justified by compelling clinical considerations or the economic interests of the Department. The Secretary may not pay more than one-half the depreciated purchase price of that equipment. “§8158. Deposit in escrow “(a) To facilitate the procurement of medical equipment pursuant to section 8157 of this title, the Secretary may enter into escrow agreements with institutions described in section 8153(a) of this title. Any such agreement shall provide that— “(1) the institutions shall pay to the Secretary the funds necessary to make a payment under section 8157(b)(4) of this title; “(2) the Secretary, as escrow agent, shall administer those funds in an escrow account; and “(3) the Secretary shall disburse the escrowed funds to pay for such equipment upon its delivery or in accordance with the contract to procure the equipment and shall disburse all accrued interest or other earnings on the escrowed funds to the institution. “(b) As escrow agent for funds placed in escrow pursuant to an agreement under subsection (a), the Secretary may— “(1) invest the escrowed funds in obligations of the Federal Government or obligations which are insured or guaranteed by the Federal Government; “(2) retain in the escrow account interest or other earnings on such investments; “(3) disburse the funds pursuant to the escrow agreement; and “(4) return undisbursed funds to the institution. “(c) (1) If the Secretary enters into an escrow agreement under this section, the Secretary may enter into an agreement to procure medical equipment if one-half the purchase price of the equipment is available in an appropriation or fund for the expenditure or obligation. “(2) Funds held in an escrow account under this section shall not be considered to be public funds.”. 106 STAT. 1975 (2) The table of sections at the beginning of chapter 81 is amended by inserting after the item relating to section 8156 the following new items: “8157. Joint title to medical equipment. “8158. Deposit in escrow.”. (b) Report.—Not later than 45 days after the date of the enactment of this Act, the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report on the Secretary’s plans for implementation of this section. The report shall include an identification and discussion of— (1) the instructions the Secretary proposes to issue to medical facilities to guide the development of proposals for procurement of medical equipment under this section, including instructions for ensuring equitable arrangements for use of the equipment by the Department and the co-purchasers of the equipment; (2) the criteria by which the Secretary plans to evaluate proposals to procure medical equipment under this section; (3) the means by which the Secretary will integrate the process of procuring equipment under this section with the policies and procedures governing health care planning by the Veterans Health Administration; and (4) the criteria by which determinations to transfer title to equipment under section 8157(c) of title 38, United States Code, as added by subsection (a), would be made.