I 
111TH CONGRESS 
1ST SESSION H. R. 1267 
To provide for the transfer of certain property and personnel of the Depart-
ment 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 deter-
mined 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 Representa-
tives 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-shar-
ing agreement between the Department of Defense and 
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Department of Veterans Affairs providing for the depart-
ments’ 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 med-
ical 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 deter-
mined 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 re-
imbursement, to the Secretary of Defense. Any such trans-
fer 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 prop-
erty described in subsection (a) of this section, in the event 
the Secretary of Veterans Affairs and the Secretary of De-
fense jointly determine that the integration of the two fa-
cilities should not continue, the real and related personal 
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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 ei-
ther the Secretary of Veterans Affairs or the Secretary 
of Defense determines that the integration of the two fa-
cilities should not continue, the Secretary of Veterans Af-
fairs shall transfer, without reimbursement, to the Sec-
retary 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 DE-
PARTMENT OF DEFENSE. 
(a) AUTHORIZATION
FOR
TRANSFER
OF
FUNC-
TION.—The Secretary of Defense may transfer to the De-
partment of Veterans Affairs, and the Secretary of Vet-
erans 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 trans-
fer of function under this section is a transfer of function 
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within the meaning of section 3503 of title 5, United 
States Code. 
(b) TERMS OF AGREEMENT.—Any transfer of func-
tion 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 agree-
ment 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 Depart-
ment; and 
(4) such other matters relating to civilian per-
sonnel management as the Secretaries determine 
necessary. 
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(c) 
PRESERVATION
OF
AUTHORITY.—Notwith-
standing subsections (a) and (b), nothing in this section 
shall be construed as limiting the authority of the Sec-
retary of Defense to establish Department of Defense civil-
ian employee positions and utilize all civilian personnel au-
thorities otherwise available to the Secretary if the Sec-
retary determines that such actions are necessary and ap-
propriate 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 IN-
CENTIVES 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 CON-
STRUCTION FROM THE JOINT INCENTIVE FUND.—Sec-
tion 8111(d)(2) of title 38, United States Code, is amend-
ed 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 
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funds shall remain available until expended and shall 
be available for any purpose authorized by this sec-
tion, to include real property maintenance and minor 
construction projects that are not required to be spe-
cifically 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 facil-
ity of the uniformed services to the extent provided in an 
agreement between the Secretary of Defense and the Sec-
retary 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 ac-
cess to available care, integrating the respective pri-
ority lists of the two Secretaries, taking into account 
categories of beneficiaries, enrollment program sta-
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tus, and such other factors as the Secretaries deter-
mine 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 individ-
uals 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. 
Æ 
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