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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1267 Introduced in House (IH)]

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.

    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 ``Captain James A. Lovell Federal 
Health Care Center Act of 2009''.

SEC. 2. TRANSFER OF PROPERTY.

    (a) Transfer.--Upon conclusion of a resource-sharing agreement 
between the Department of Defense and Department of Veterans Affairs 
providing for the departments' joint use of a facility and supporting 
facilities, to be known as the ``Captain James A. Lovell Federal Health 
Care Center'', and for joint use of related medical personal property 
and equipment, the Secretary of Defense may transfer, without 
reimbursement, to the Department of Veterans Affairs the new Navy 
ambulatory care center, parking structure, supporting facilities, and 
related medical personal property and equipment.
    (b) Reversion.--(1) If any of the real and related personal 
property transferred pursuant to subsection (a) of this section is 
subsequently used for purposes other than those described in subsection 
(a) or otherwise determined by the Secretary of Veterans Affairs to be 
excess to the needs of the Department of Veterans Affairs, the 
Secretary shall offer to transfer such property, without reimbursement, 
to the Secretary of Defense. Any such transfer must be completed within 
one year of acceptance of such an offer.
    (2)(A) During the 5-year period beginning on the date of the 
transfer of the real and related personal property described in 
subsection (a) of this section, in the event the Secretary of Veterans 
Affairs and the Secretary of Defense jointly determine that the 
integration of the two facilities should not continue, the real and 
related personal property described in subsection (a) of this section 
shall be transferred, without reimbursement, to the Secretary of 
Defense. Such transfer shall occur within 180 days after such 
determination by the Secretaries.
    (B) After the end of the 5-year period described in subparagraph 
(A) of this paragraph, in the event that either the Secretary of 
Veterans Affairs or the Secretary of Defense determines that the 
integration of the two facilities should not continue, the Secretary of 
Veterans Affairs shall transfer, without reimbursement, to the 
Secretary of Defense the real and related personal property described 
in subsection (a) of this section. Such transfer shall occur within 180 
days after such determination by either Secretary.

SEC. 3. TRANSFER OF CIVILIAN PERSONNEL OF THE DEPARTMENT OF DEFENSE.

    (a) Authorization for Transfer of Function.--The Secretary of 
Defense may transfer to the Department of Veterans Affairs, and the 
Secretary of Veterans Affairs may accept the transfer of functions from 
the Department of Defense to the Department of Veterans Affairs 
necessary for the effective operation of the Captain James A. Lovell 
Federal Health Care Center. Any transfer of function under this section 
is a transfer of function within the meaning of section 3503 of title 
5, United States Code.
    (b) Terms of Agreement.--Any transfer of function as authorized by 
subsection (a) shall be effectuated in an agreement between the 
Secretary of Defense and the Secretary of Veterans Affairs. Any such 
agreement may, consistent with section 3503 of title 5, United States 
Code, make provision for--
            (1) the transfer of civilian employee positions of the 
        Department of Defense identified in the agreement to the 
        Department of Veterans Affairs and of the incumbent civilian 
        employees in such positions;
            (2) transition of transferred employees to pay, benefits, 
        and personnel systems of the Department of Veterans Affairs;
            (3) establishment of integrated seniority lists and other 
        personnel management provisions that recognize an employee's 
        experience and training so as to provide comparable recognition 
        of employees previously with the Department of Veterans Affairs 
        and employees newly transferred to such Department; and
            (4) such other matters relating to civilian personnel 
        management as the Secretaries determine necessary.
    (c) Preservation of Authority.--Notwithstanding subsections (a) and 
(b), nothing in this section shall be construed as limiting the 
authority of the Secretary of Defense to establish Department of 
Defense civilian employee positions and utilize all civilian personnel 
authorities otherwise available to the Secretary if the Secretary 
determines that such actions are necessary and appropriate to meet 
mission requirements of the Department of Defense.

SEC. 4. EXTENSION AND EXPANSION OF JOINT INCENTIVE FUND.

    (a) Extension of Authority for the Joint Incentives Program.--
Section 8111(d)(3) of title 38, United States Code, is amended by 
striking ``2010'' and inserting ``2020''.
    (b) Funding of Maintenance and Minor Construction From the Joint 
Incentive Fund.--Section 8111(d)(2) of title 38, United States Code, is 
amended to read as follows:
            ``(2) To facilitate the incentive program, there is 
        established in the Treasury a fund to be known as the `DOD-VA 
        Health Care Sharing Incentive Fund'. Each Secretary shall 
        annually contribute to the fund a minimum of $15,000,000 from 
        the funds appropriated to that Secretary's Department. Such 
        funds shall remain available until expended and shall be 
        available for any purpose authorized by this section, to 
        include real property maintenance and minor construction 
        projects that are not required to be specifically authorized by 
        law under section 2805 of title 10 and section 8104 of title 
        38, United States Code.''.

SEC. 5. HEALTH CARE ELIGIBILITY FOR SERVICES AT THE CAPTAIN JAMES A. 
              LOVELL FEDERAL HEALTH CARE CENTER.

    (a) In General.--For purposes of eligibility for health care under 
chapter 55 of title 10, United States Code, the Captain James A. Lovell 
Federal Health Care Center authorized by this Act may be deemed to be a 
facility of the uniformed services to the extent provided in an 
agreement between the Secretary of Defense and the Secretary of 
Veterans Affairs.
    (b) Terms of Agreement.--Subsection (a) may be implemented through 
an agreement between the Secretary of Veterans Affairs and the 
Secretary of Defense. Such agreement may--
            (1) establish an integrated priority list for access to 
        available care, integrating the respective priority lists of 
        the two Secretaries, taking into account categories of 
        beneficiaries, enrollment program status, and such other 
        factors as the Secretaries determine appropriate;
            (2) incorporate any resource-related limitations 
        established by the Secretary of Defense for purposes of 
        administering space-available eligibility for care in 
        facilities of the uniformed services under chapter 55 of title 
        10, United States Code;
            (3) allocate financial responsibility for individuals who 
        are eligible for care under both title 38 and chapter 55 of 
        title 10, United States Code; and
            (4) waive any provision of section 8111(e) of title 38, 
        United States Code, as specified by the two Secretaries.
                                 <all>
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