I 

111TH CONGRESS 

1ST SESSION H. R. 1267 

To provide for the transfer of certain property and personnel of the Department of Defense to the Department of Veterans Affairs, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 3, 2009 

Ms. BEAN (for herself and Mr. KIRK) introduced the following bill; which was 

referred to the Committee on Armed Services, and in addition to the 

Committee on Veterans’ Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL 

To provide for the transfer of certain property and personnel 

of the Department of Defense to the Department of 

Veterans Affairs, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Captain James A. 

5 Lovell Federal Health Care Center Act of 2009’’. 

6 SEC. 2. TRANSFER OF PROPERTY. 

7 (a) TRANSFER.—Upon conclusion of a resource-shar8 ing agreement between the Department of Defense and 


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1 Department of Veterans Affairs providing for the depart2 ments’ joint use of a facility and supporting facilities, to 

3 be known as the ‘‘Captain James A. Lovell Federal Health 

4 Care Center’’, and for joint use of related medical personal 

5 property and equipment, the Secretary of Defense may 

6 transfer, without reimbursement, to the Department of 

7 Veterans Affairs the new Navy ambulatory care center, 

8 parking structure, supporting facilities, and related med9 ical personal property and equipment. 

10 (b) REVERSION.—(1) If any of the real and related 

11 personal property transferred pursuant to subsection (a) 

12 of this section is subsequently used for purposes other 

13 than those described in subsection (a) or otherwise deter14 mined by the Secretary of Veterans Affairs to be excess 

15 to the needs of the Department of Veterans Affairs, the 

16 Secretary shall offer to transfer such property, without re17 imbursement, to the Secretary of Defense. Any such trans18 fer must be completed within one year of acceptance of 

19 such an offer. 

20 (2)(A) During the 5-year period beginning on the 

21 date of the transfer of the real and related personal prop22 erty described in subsection (a) of this section, in the event 

23 the Secretary of Veterans Affairs and the Secretary of De24 fense jointly determine that the integration of the two fa25 cilities should not continue, the real and related personal 


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1 property described in subsection (a) of this section shall 

2 be transferred, without reimbursement, to the Secretary 

3 of Defense. Such transfer shall occur within 180 days 

4 after such determination by the Secretaries. 

5 (B) After the end of the 5-year period described in 

6 subparagraph (A) of this paragraph, in the event that ei7 ther the Secretary of Veterans Affairs or the Secretary 

8 of Defense determines that the integration of the two fa9 cilities should not continue, the Secretary of Veterans Af10 fairs shall transfer, without reimbursement, to the Sec11 retary of Defense the real and related personal property 

12 described in subsection (a) of this section. Such transfer 

13 shall occur within 180 days after such determination by 

14 either Secretary. 

15 SEC. 3. TRANSFER OF CIVILIAN PERSONNEL OF THE DE16 PARTMENT OF DEFENSE. 

17 (a) AUTHORIZATION FOR TRANSFER OF FUNC18 TION.—The Secretary of Defense may transfer to the De19 partment of Veterans Affairs, and the Secretary of Vet20 erans Affairs may accept the transfer of functions from 

21 the Department of Defense to the Department of Veterans 

22 Affairs necessary for the effective operation of the Captain 

23 James A. Lovell Federal Health Care Center. Any trans24 fer of function under this section is a transfer of function 


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1 within the meaning of section 3503 of title 5, United 

2 States Code. 

3 (b) TERMS OF AGREEMENT.—Any transfer of func4 tion as authorized by subsection (a) shall be effectuated 

5 in an agreement between the Secretary of Defense and the 

6 Secretary of Veterans Affairs. Any such agreement may, 

7 consistent with section 3503 of title 5, United States 

8 Code, make provision for— 

9 (1) the transfer of civilian employee positions of 

10 the Department of Defense identified in the agree11 ment to the Department of Veterans Affairs and of 

12 the incumbent civilian employees in such positions; 

13 (2) transition of transferred employees to pay, 

14 benefits, and personnel systems of the Department 

15 of Veterans Affairs; 

16 (3) establishment of integrated seniority lists 

17 and other personnel management provisions that 

18 recognize an employee’s experience and training so 

19 as to provide comparable recognition of employees 

20 previously with the Department of Veterans Affairs 

21 and employees newly transferred to such Depart22 ment; and 

23 (4) such other matters relating to civilian per24 sonnel management as the Secretaries determine 

25 necessary. 


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1 (c) PRESERVATION OF AUTHORITY.—Notwith2 standing subsections (a) and (b), nothing in this section 

3 shall be construed as limiting the authority of the Sec4 retary of Defense to establish Department of Defense civil5 ian employee positions and utilize all civilian personnel au6 thorities otherwise available to the Secretary if the Sec7 retary determines that such actions are necessary and ap8 propriate to meet mission requirements of the Department 

9 of Defense. 

10 SEC. 4. EXTENSION AND EXPANSION OF JOINT INCENTIVE 

11 FUND. 

12 (a) EXTENSION OF AUTHORITY FOR THE JOINT IN13 CENTIVES PROGRAM.—Section 8111(d)(3) of title 38, 

14 United States Code, is amended by striking ‘‘2010’’ and 

15 inserting ‘‘2020’’. 

16 (b) FUNDING OF MAINTENANCE AND MINOR CON17 STRUCTION FROM THE JOINT INCENTIVE FUND.—Sec18 tion 8111(d)(2) of title 38, United States Code, is amend19 ed to read as follows: 

20 ‘‘(2) To facilitate the incentive program, there 

21 is established in the Treasury a fund to be known 

22 as the ‘DOD–VA Health Care Sharing Incentive 

23 Fund’. Each Secretary shall annually contribute to 

24 the fund a minimum of $15,000,000 from the funds 

25 appropriated to that Secretary’s Department. Such 


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1 funds shall remain available until expended and shall 

2 be available for any purpose authorized by this sec3 tion, to include real property maintenance and minor 

4 construction projects that are not required to be spe5 cifically authorized by law under section 2805 of 

6 title 10 and section 8104 of title 38, United States 

7 Code.’’. 

8 SEC. 5. HEALTH CARE ELIGIBILITY FOR SERVICES AT THE 

9 CAPTAIN JAMES A. LOVELL FEDERAL 

10 HEALTH CARE CENTER. 

11 (a) IN GENERAL.—For purposes of eligibility for 

12 health care under chapter 55 of title 10, United States 

13 Code, the Captain James A. Lovell Federal Health Care 

14 Center authorized by this Act may be deemed to be a facil15 ity of the uniformed services to the extent provided in an 

16 agreement between the Secretary of Defense and the Sec17 retary of Veterans Affairs. 

18 (b) TERMS OF AGREEMENT.—Subsection (a) may be 

19 implemented through an agreement between the Secretary 

20 of Veterans Affairs and the Secretary of Defense. Such 

21 agreement may— 

22 (1) establish an integrated priority list for ac23 cess to available care, integrating the respective pri24 ority lists of the two Secretaries, taking into account 

25 categories of beneficiaries, enrollment program staVerDate Nov 24 2008 03:13 Mar 05, 2009 Jkt 079200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1267.IH H1267

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1 tus, and such other factors as the Secretaries deter2 mine appropriate; 

3 (2) incorporate any resource-related limitations 

4 established by the Secretary of Defense for purposes 

5 of administering space-available eligibility for care in 

6 facilities of the uniformed services under chapter 55 

7 of title 10, United States Code; 

8 (3) allocate financial responsibility for individ9 uals who are eligible for care under both title 38 and 

10 chapter 55 of title 10, United States Code; and 

11 (4) waive any provision of section 8111(e) of 

12 title 38, United States Code, as specified by the two 

13 Secretaries. 

Æ 


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