Page:United States Statutes at Large Volume 123.djvu/2593

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123STA T . 2 57 3 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9shal l be a v a i lable und e rp ara g raph (1)fo r one fis c al y ear af t er transfer . ( B ) EXCEPTION . —O fana m ount transferred to the F und under subsection (a) , an amount not to e x ceed t w o percent of such amount shall be available under paragraph (1) for two fiscal years after transfer. (c) FIN A NCIA LR ECONCILIATION.— T he executive agreement under section 1 70 1 shall provide for the development and implementation of an integrated financial reconciliation process that meets the fiscal reconciliation re q uirements of the D epartment of Defense, the Department of the N avy, and the Department of V eterans A ffairs. The process shall permit each of the Department of Defense, the Department of Navy, and the Department of Vet - erans Affairs to identify their fiscal contributions to the Fund, ta k ing into consideration accounting, workload, and financial management differences. (d) ANN U AL REPO R T.—The S ecretary of Defense, in consultation with the Secretary of the Navy, and the Secretary of Veterans Affairs shall j ointly provide for an annual independent review of the Fund for at least three years after the date of the enactment of this Act. Such review shall include detailed statements of the uses of amounts of the Fund and an evaluation of the adequacy of the proportional share contributed to the Fund by each of the Secretary of Defense and the Secretary of Veterans Affairs. (e) TER M INATION.—The authorities in this section shall termi- nate on September 3 0, 2 01 5 . SEC.1705 .E LIG I B ILI TYOFM EMBE R SOFT H E UN IFORME D SER V ICES FOR C A RE AND SERVICES. (a) I N G ENERAL.—For purposes of eligibility for health care under chapter 55 of title 10, U nited States C ode, the facility may be treated as a facility of the uniformed services to the extent provided in the executive agreement under section 1701. (b) P RIORIT Y O F TREATMENT.—The executive agreement under section 1701 shall provide an integrated priority list for access to health care at the facility, which list shall— (1) integrate the respective health care priority lists of the Secretary of Defense and the Secretary of Veterans Affairs, giving first priority of care to members of the Armed Forces on active duty

and (2) take into account categories of beneficiaries, enrollment program status, and such other matters as the Secretary of Defense and the Secretary of Veterans Affairs jointly consider appropriate. (c) A D DITIONAL ELEMENT S .—The executive agreement under section 1701 may include provisions as follows

(1) To incorporate any resource-related limitations for access to health care at the facility that the Secretary of Defense may establish for purposes of administering space-available eligibility for care in facilities of the uniformed services under chapter 55 of title 10, United States Code. (2) To waive the applicability to the facility of any provision of section 8 111(e) of title 38, United States Code, that the Secretary of Defense and the Secretary of Veterans Affairs shall jointly specify. (3) To allocate financial responsibility for care provided at the facility for individuals who are eligible for care under