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103D CONGRESS

1ST SESSION H. R. 530

To condition the closure of a military medical facility in the United States

or a reduction in the level of care provided at a military medical facility

in the United States upon a determination by the Secretary of Defense

and the Secretary of the military department concerned that the closure

or reduction is cost effective for the Federal Government.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 21, 1993

Mr. PANETTA introduced the following bill; which was referred to the

Committee on Armed Services

A BILL

To condition the closure of a military medical facility in

the United States or a reduction in the level of care

provided at a military medical facility in the United

States upon a determination by the Secretary of Defense

and the Secretary of the military department concerned

that the closure or reduction is cost effective for the

Federal Government.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. CONDITIONS ON CLOSURE OF, OR REDUCTION

2 IN CARE AT, MILITARY MEDICAL FACILITIES.

3 (a) CONDITIONS.—The Secretary of a military de4 partment may not take any action to close, or reduce the

5 level of care provided at, a military medical facility in the

6 United States under the jurisdiction of the Secretary until

7 90 days after the date on which the Secretary determines

8 that the closure or reduction will be cost effective, as cal9 culated under subsection (b). If the closure of a military

10 medical facility or a reduction in the level of care provided

11 at a military medical facility is proposed as part of the

12 closure or realignment of a military installation selected

13 for closure or realignment under a base closure law, the

14 Secretary of Defense shall make the determination re15 quired by this subsection.

16 (b) CALCULATION OF COST EFFECTIVENESS.—To

17 determine whether the closure of a military medical facil18 ity or a reduction in the level of care provided at a military

19 medical facility is cost effective, the Secretary of Defense

20 or the Secretary of the military department concerned, as

21 the case may be, shall calculate whether—

22 (1) the cost to the Federal Government of con23 tinuing to provide care at the military medical facil24 ity to persons who are eligible to receive care at the

25 facility pursuant to section 1074(b), 1074a, 1074b,

26 1076, or 1145(a) of title 10, United States Code,
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1 and receive or are likely to seek treatment at the fa2 cility; exceeds

3 (2) the cost to the Federal Government of pro4 viding alternate equivalent care to such persons at

5 other Federal or private health care facilities as a

6 consequence of the closure or reduction.

7 (c) NOTIFICATION OF CONGRESS.—The Secretary of

8 Defense or the Secretary of a military department shall

9 notify Congress of each determination made by the Sec10 retary concerned under subsection (a), and the basis for

11 making the determination, not later than 10 days after

12 the Secretary makes the determination.

13 (d) NOTIFICATION OF AND CONSULTATION WITH

14 COMMUNITY REUSE ENTITIES.—In the case of a military

15 medical facility located on a military installation in the

16 United States selected for closure or realignment under

17 a base closure law, the Secretary of Defense shall prompt18 ly notify all community reuse entities formed with respect

19 to the installation if the Secretary is considering the clo20 sure of the military medical facility or a reduction in the

21 level of care provided at the military medical facility as

22 part of the closure or realignment of the installation. The

23 Secretary shall consult with such community reuse entities

24 in making the determination under subsection (a) with re25 gard to that military medical facility.
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1 (e) APPLICATION OF SECTION.—This section shall

2 apply with respect to any closure of a military medical fa3 cility in the United States or any reduction in the level

4 of care provided at a military medical facility in the United

5 States, even if the military medical facility is located on

6 a military installation selected for closure or realignment

7 under a base closure law.

8 (f) DEFINITION.—For purposes of this section, the

9 term ‘‘base closure law’’ means the following:

10 (1) The Defense Base Closure and Realignment

11 Act of 1990 (part A of title XXIX of Public Law

12 101–510; 104 Stat. 1808; 10 U.S.C. 2687 note).

13 (2) Title II of the Defense Authorization

14 Amendments and Base Closure and Realignment

15 Act (Public Law 100–526; 102 Stat. 2627; 10

16 U.S.C. 2687 note).

17 (3) Section 2687 of title 10, United States

18 Code.

19 (4) Any other similar law enacted after the date

20 of the enactment of this Act.

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