Captain James A. Lovell Federal Health Care Center Act of 2009 - Authorizes the Secretary of Defense (Secretary), upon the conclusion of a resource-sharing agreement between the Secretary and the Secretary of Veterans Affairs, to transfer to the Department of Veterans Affairs (VA) the Navy ambulatory care center, parking structure, supporting facilities, and related medical personal property and equipment in Great Lakes, Illinois, to be known as the Captain James A. Lovell Federal Health Care Center. Authorizes the Secretary to transfer to the VA functions necessary for Center operation.
Extends through FY2020 a joint Department of Defense (DOD)-VA program to identify, implement, and evaluate creative health care coordination and sharing initiatives at the facility, intraregional, and nationwide levels.
Deems the Center a military facility for purposes of the eligibility of members of the Armed Forces to receive care and services there.
[Congressional Bills 111th Congress]
[From the U.S. Government Printing 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>
Introduced in House
Introduced in House
Referred to House Armed Services
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.
Referred to House Veterans' Affairs
Referred to the Subcommittee on Health.
Referred to the Subcommittee on Readiness.
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