[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3992 Introduced in Senate (IS)]
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119th CONGRESS
2d Session
S. 3992
To amend title 10, United States Code, to codify authority for the
Joint Medical Facility Fund of the Department of Defense and the
Department of Veterans Affairs, and for other purposes.
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IN THE SENATE OF THE UNITED STATES
March 4, 2026
Mr. Banks (for himself, Ms. Hirono, and Mr. Sullivan) introduced the
following bill; which was read twice and referred to the Committee on
Veterans' Affairs
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A BILL
To amend title 10, United States Code, to codify authority for the
Joint Medical Facility Fund of the Department of Defense and the
Department of Veterans Affairs, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Joint Medical Facilities Fund Act of
2026''.
SEC. 2. CODIFICATION OF AUTHORITY FOR JOINT MEDICAL FACILITY FUND OF
DEPARTMENT OF DEFENSE AND DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Chapter 55 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 1110c. Joint Medical Facility Fund
``(a) Establishment.--There is established on the books of the
Treasury under the Department of Veterans Affairs a fund to be known as
the `Joint Medical Facility Fund' (in this section referred to as the
`Fund').
``(b) Purpose.--The purpose of the Fund shall be to facilitate the
joint funding of designated combined Federal medical facilities of the
Department of Defense and the Department of Veterans Affairs.
``(c) Transfers to Fund.--
``(1) In general.--Amounts may be transferred to the Fund
by the Secretary of Defense from amounts authorized and
appropriated for the Department of Defense and by the Secretary
of Veterans Affairs from amounts authorized and appropriated
for the Department of Veterans Affairs, as determined by a
methodology jointly established by the Secretary of Defense and
the Secretary of Veterans Affairs that reflects the mission-
specific activities, workload, and costs of provision of health
care at the facilities of the Department of Defense and the
Department of Veterans Affairs, respectively.
``(2) Transfers of amounts from medical care collections.--
Amounts may be transferred to the Fund from medical care
collections under the following authorities for health care
provided at designated combined Federal medical facilities of
the Department of Defense and the Department of Veterans
Affairs:
``(A) Section 1095 of this title.
``(B) Section 1729 of title 38.
``(C) The Act entitled `An Act to provide for the
recovery from tortiously liable third persons of the
cost of hospital and medical care and treatment
furnished by the United States' (Public Law 87-693; 42
U.S.C. 2651 et seq.; commonly known as the `Federal
Medical Care Recovery Act').
``(d) Availability of Amounts in Fund.--
``(1) In general.--Amounts transferred to the Fund under
subsection (c) shall be available to fund the operations of
designated combined Federal medical facilities of the
Department of Defense and the Department of Veterans Affairs,
including capital equipment, real property maintenance, and
minor construction projects that are not required to be
specifically authorized by law under section 2805 of this title
or section 8104 of title 38.
``(2) Captain james a. lovell federal health care center.--
Amounts transferred to the Fund by the Secretary of Defense
under subsection (c) may be used for facility operations of the
Captain James A. Lovell Federal Health Care Center, consisting
of the North Chicago Veterans Affairs Medical Center, the Navy
Ambulatory Care Center, and supporting facilities designated as
a combined Federal medical facility under an operational
agreement covered by section 706 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law 110-
417; 122 Stat. 4500).
``(3) Limitation.--The availability of amounts transferred
to the Fund under subsection (c)(2) shall be subject to the
provisions of section 1729A of title 38.
``(4) Period of availability.--
``(A) In general.--Except as provided in
subparagraph (B), amounts transferred to the Fund under
subsection (c) shall remain available under this
subsection until the end of the first fiscal year
beginning after the date of the transfer.
``(B) Exception.--Of the amount transferred to the
Fund under subsection (c) in a fiscal year, an amount
not to exceed two percent of such amount shall remain
available under this subsection until the end of the
second fiscal year beginning after the date of the
transfer.
``(e) Executive Agreement.--
``(1) Fund administration.--
``(A) In general.--The Fund shall be administered
in accordance with an executive agreement between the
Secretary of Defense and the Secretary of Veterans
Affairs.
``(B) Guidelines.--The executive agreement under
subparagraph (A) shall be consistent with section 706
of the Duncan Hunter National Defense Authorization Act
for Fiscal Year 2009 (Public Law 110-417; 122 Stat.
4500) and shall provide for an independent review of
the methodology established under subsection (c)(1).
``(2) Financial reconciliation.--
``(A) In general.--The executive agreement between
the Secretary of Defense and the Secretary of Veterans
Affairs under paragraph (1)(A) shall provide for the
development and implementation of an integrated
financial reconciliation process that meets the fiscal
reconciliation requirements of the Department of
Defense and the Department of Veterans Affairs.
``(B) Identification of contributions.--The process
under subparagraph (A) shall permit the Department of
Defense and the Department of Veterans Affairs to
identify their fiscal contributions to the Fund, taking
into consideration accounting, workload, and financial
management differences.''.
(b) Conforming Repeal.--Section 1704 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat.
2571), as most recently amended by section 1421 of the Servicemember
Quality of Life Improvement and National Defense Authorization Act for
Fiscal Year 2025 (Public Law 118-159), is repealed.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense and the Secretary of
Veterans Affairs shall jointly submit to the Committee on Veterans'
Affairs and the Committee on Appropriations of the Senate and the
Committee on Veterans' Affairs and the Committee on Appropriations of
the House of Representatives a report indicating medical facilities of
the Department of Defense or the Department of Veterans Affairs that
either Secretary, or both, considers appropriate to be designated as
combined Federal medical facilities of the Department of Defense and
the Department of Veterans Affairs.
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