123STA T . 2 57 1 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9theD e par t m e n t ofV eteran sA ffa i rs ( tothee x tent that d ifferent s y stems app l y ). ( B ) T he transition of employees so transferred to the pay systems of the Department of Veterans Affairs in a manner w hi c h will not res u lt in any reduction in an employee ’ sre g ular rate of compensation (including b asic pay , locality pay, any physician comparability allowance, and any other fixed and recurring pay supplement) at the time of transition. ( C ) The continuation after transfer of the same employ - ment status for employees so transferred who ha v e already successfully completed or are in the process of completing a one-year probationary period under title 5 , U nited S tates Code, notwithstanding the provisions of section 7403 (b)( 1 ) of title 3 8 , United States Code. (D) The extension of collective bargaining rights under title 5, United States Code, to employees so transferred in positions listed in subsection 74 2 1(b) of title 38, United States Code, notwithstanding the provisions of section 7422 of title 38, United States Code, for a two-year period begin- ning on the effective date of the executive agreement. ( E ) At the end of the two-year period beginning on the effective date of the executive agreement, for the fol- lowing actions by the Secretary of Veterans Affairs with respect to the extension of collective bargaining rights under subparagraph (D)
(i) Consideration of the impact of the extension of such rights. (ii) Consultation with exclusive employee rep- resentatives of the transferred employees about such impact. (iii) Determination, after consultation with the Sec- retary of Defense and the Secretary of the N avy, whether the extension of such rights should be termi- nated, modified, or k ept in effect. (iv) Submittal to Congress of a notice regarding the determination made under clause (iii). ( F ) The recognition after transfer of each transferred physician’s and dentist’s total number of years of service as a physician or dentist in the Department of Defense for purposes of calculating such employee’s rate of base pay, notwithstanding the provisions of section 7431(b)(3) of title 38, United States Code. ( G ) The preservation of the seniority of the employees so transferred for all pay purposes. (c) RET E N T IO NO F DE PAR T M ENT OF DEFEN S E EMP L O Y MENT A U T H ORITY. — Notwithstanding subsections (a) and (b), the Depart- ment of Defense may employ civilian personnel at the facility if the Secretary of the Navy, or a designee of the Secretary, determines it is necessary and appropriate to meet mission re q uirements of the Department of the Navy. SEC.1704 . JOINTFU N D IN GA UT H O R IT Y . (a) J OINT M E D I C AL FACILITY DEMONSTRATION FUND.— (1) ESTA B LISHMENT.—There is established on the books of the Treasury under the Department of Veterans Affairs a fund to be known as the ‘ ‘Joint Department of Defense –Det e rmina ti o n .N oti c e. Determination. C on sul tation.
