S. 3992

[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.

_______________________________________________________________________

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

_______________________________________________________________________

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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