---
kind: "section"
citation: "10 U.S.C. § 1087"
title: "10"
title_heading: "Armed Forces"
number: "1087"
heading: "Programing facilities for certain members, former members, and their dependents in construction projects of the uniformed services"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/1087"
units:
  - "Subtitle A — General Military Law"
  - "Part II — Personnel"
  - "Chapter 55 — Medical and Dental Care"
---

# §1087. Programing facilities for certain members, former members, and their dependents in construction projects of the uniformed services

- (a) Space for inpatient and outpatient care may be programed in [facilities](/usc/10/2700.md?p=2) of the [uniformed services](/usc/10/1072.md?p=1) for [persons](/usc/10/2700.md?p=2) covered by sections [1074(b)](/usc/10/1074.md?p=b) and [1076(b)](/usc/10/1076.md?p=b) of this title. The maximum amount of space that may be so programed for a [facility](/usc/10/2700.md?p=2) is the greater of—
  - (1) the amount of space that would be so programed for the [facility](/usc/10/2700.md?p=2) in order to meet the requirements to be placed on the [facility](/usc/10/2700.md?p=2) for support of the teaching and [training](/usc/10/301.md?p=9) of health-care professionals; and
  - (2) the amount of space that would be so programed for the [facility](/usc/10/2700.md?p=2) based upon the most [cost-effective](/usc/10/3101.md?p=3) provision of inpatient and outpatient care to [persons](/usc/10/2700.md?p=2) covered by sections [1074(b)](/usc/10/1074.md?p=b) and [1076(b)](/usc/10/1076.md?p=b) of this title.
- (b)
  - (1) In making determinations for the purposes of clauses [(1)](#a-1) and [(2)](#a-2) of subsection (a), the [Secretary concerned](/usc/10/2801.md?p=c-5) shall take into consideration—
    - (A) the amount of space that would be so programed for the [facility](/usc/10/2700.md?p=2) based upon projected inpatient and outpatient workloads at the [facility](/usc/10/2700.md?p=2) for [persons](/usc/10/2700.md?p=2) covered by sections [1074(b)](/usc/10/1074.md?p=b) and [1076(b)](/usc/10/1076.md?p=b) of this title; and
    - (B) the anticipated capability of the medical and dental staff of the [facility](/usc/10/2700.md?p=2), determined in accordance with regulations prescribed by the [Secretary](/usc/10/4951.md?p=3) of Defense and based upon realistic projections of the number of physicians and other health-care providers that it can reasonably be expected will be assigned to or will otherwise be available to the [facility](/usc/10/2700.md?p=2).
  - (2) In addition, a determination made for the purpose of [clause (2)](#a-2) of subsection (a) shall be made in accordance with an economic analysis (including a life-cycle cost analysis) of the [facility](/usc/10/2700.md?p=2) and consideration of all reasonable and available medical care treatment alternatives (including treatment provided under a contract under [section 1086 of this title](/usc/10/1086.md) or under part A of title XVIII of the Social Security Act ([42 U.S.C. 1395c](/usc/42/1395c.md) et seq.)).

## Source credit

(Added Pub. L. 89–614, § 2(7), Sept. 30, 1966, 80 Stat. 866; amended Pub. L. 97–337, § 1, Oct. 15, 1982, 96 Stat. 1631; Pub. L. 98–525, title XIV, § 1405(24), Oct. 19, 1984, 98 Stat. 2623; Pub. L. 99–661, div. A, title XIII, § 1343(a)(4), Nov. 14, 1986, 100 Stat. 3992.)

## Notes

### Editorial Notes

### References in Text

The Social Security Act, referred to in subsec. (b)(2), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, which is classified generally to chapter 7 (§ 301 et seq.) of Title 42, The Public Health and Welfare. Part A of title XVIII of the Social Security Act, is classified generally to Part A (§ 1395c et seq.) of subchapter XVIII of chapter 7 of Title 42. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

### Amendments

1986—Subsec. (b)(2). Pub. L. 99–661 substituted “Act (42 U.S.C. 1395c et seq.))” for “Act. (42 U.S.C. 1395c et seq.)”.

1984—Subsec. (b)(2). Pub. L. 98–525 which directed that “(42 U.S.C. 1395c et seq.)” be inserted after “the Social Security Act.”, was executed by inserting parenthetical after “the Social Security Act” to reflect the probable intent of Congress. See 1986 Amendment note above.

1982—Subsec. (a). Pub. L. 97–337, § 1(1), designated existing provisions as subsec. (a).

Pub. L. 97–337, § 1(2), substituted provisions limiting the maximum amount of space to be programed as the greater of the amounts of space described in par. (1) or (2) for provisions limiting the amount of space to be programed to that amount needed to support teaching and training requirements, except that space may be programed in areas having large concentrations of retired members where there is a critical shortage of facilities.

Subsec. (b). Pub. L. 97–337, § 1(2), added subsec. (b).

### Statutory Notes and Related Subsidiaries

### Effective Date of 1982 Amendment

Pub. L. 97–337, § 2, Oct. 15, 1982, 96 Stat. 1632, provided that: “The amendment made by paragraph (2) of the first section of this Act [amending this section] shall apply only with respect to a facility for which funds for construction (or a major alteration) are first appropriated for a fiscal year after fiscal year 1983.”

### Effective Date

For effective date of section, see section 3 of Pub. L. 89–614, set out as a note under section 1071 of this title.