Page:United States Statutes at Large Volume 116 Part 4.djvu/169

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PUBLIC LAW 107-314—DEC. 2, 2002 116 STAT. 2597 (2) No waiver under paragraph (1) may alter any labor-management agreement in effect as of the date of the enactment of this Act or adopted by either Department during the period of the project. (e) USE BY DOD OF CERTAIN TITLE 38 PERSONNEL AUTHORI- TIES.— <1) In order to carry out subsection (c), the Secretary of Defense may apply to civilian personnel of the Department of Defense assigned to or employed at a military treatment facility participating in the project any of the provisions of subchapters I, III, and IV of chapter 74 of title 38, United States Code, determined appropriate by the Secretary. (2) For purposes of paragraph (1), any reference in chapter 74 of title 38, United States Code— (A) to the "Secretary" or the "Under Secretary for Health" shall be treated as referring to the Secretary of Defense; and (B) to the "Veterans Health Administration" shall be treated as referring to the Department of Defense. (f) FUNDING. —From amounts available for health care for a fiscal year, each Secretary shall make available to carry out the project not less than— (1) $3,000,000 for fiscal year 2003; (2) $6,000,000 for fiscal year 2004; and (3) $9,000,000 for each succeeding year during which the project is in effect. (g) DEFINITIONS.— For purposes of this section: (1) The term "military treatment facility" means a medical facility under the jurisdiction of the Secretary of a military department. (2) The term "VA health care facility" means a facility under the jurisdiction of the Veterans Health Administration of the Department of Veterans Affairs. (h) PERFORMANCE REVIEW.—(1) The Comptroller General shall provide for an annual on-site review at each of the project locations selected by the Secretaries under this section. (2) Not later than 90 days after completion of the annual review under paragraph (1), the Comptroller General shall submit a report on such review to the Committees on Armed Services and Veterans' Affairs of the Senate and House of Representatives. (3) Each such report shall include the following: (A) The strategic mission coordination between shared activities. (B) The accuracy and validity of performance data used to evaluate sharing performance and changes in standards of care or services at the shared facilities. (C) A statement that all appropriated funds designated for sharing activities are being used for direct support of sharing initiatives. (D) Recommendations concerning continuance of the project at each site for the succeeding 12-month period. (4) Whenever there is a recommendation under paragraph (3)(D) to discontinue a resource sharing project under this section, the two Secretaries shall act upon that recommendation as soon as practicable. (5) In the initial report under this subsection, the Comptroller General shall validate the baseline information used for comparative analysis.