[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3713 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 3713

 To provide for the integration of the Captain James A. Lovell Federal 
  Health Care Center and the Great Lakes Naval Health Clinic, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 20, 2008

 Mr. Durbin (for himself and Mr. Akaka) introduced the following bill; 
  which was read twice and referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
 To provide for the integration of the Captain James A. Lovell Federal 
  Health Care Center and the Great Lakes Naval Health Clinic, 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 2008''.

SEC. 2. TRANSFER OF PROPERTY.

    (a) Transfer.--
            (1) Transfer authorized.--Upon the conclusion of a 
        resource-sharing agreement between the Secretary of Defense and 
        the Secretary of Veterans Affairs providing for the joint use 
        by the Department of Defense and the Department of Veterans 
        Affairs of a facility and supporting facilities in North 
        Chicago, Illinois, and Great Lakes, Illinois, 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 Navy ambulatory care 
        center (on which construction commenced in July 2008), parking 
        structure, and supporting facilities, and related medical 
        personal property and equipment, located in Great Lakes, 
        Illinois.
            (2) Designation of joint use facility.--The facility and 
        supporting facilities subject to joint use under the agreement 
        and transfer under this subsection shall be designated as known 
        as the ``Captain James A. Lovell Federal Health Care Center''.
    (b) Reversion.--
            (1) In general.--If any of the real and related personal 
        property transferred pursuant to subsection (a) is subsequently 
        used for purposes other than the purposes specified in the 
        joint use specified in the resource-sharing agreement described 
        in that subsection or otherwise determined by the Secretary of 
        Veterans Affairs to be excess to the needs of the Department of 
        Veterans Affairs, the Secretary of Veterans Affairs shall offer 
        to transfer such property, without reimbursement, to the 
        Secretary of Defense. Any such transfer shall be completed not 
        later than one year after the acceptance of the offer of 
        transfer.
            (2) Reversion in event of lack of facilities integration.--
                    (A) Within initial period.--During the 5-year 
                period beginning on the date of the transfer of the 
                real and related personal property described in 
                subsection (a), if the Secretary of Veterans Affairs 
                and the Secretary of Defense jointly determine that the 
                integration of the facilities described in that 
                subsection should not continue, the real and related 
                personal property of the Navy ambulatory care center, 
                parking structure, and support facilities described in 
                that subsection shall be transferred, without 
                reimbursement, to the Secretary of Defense. Such 
                transfer shall occur not later than 180 days after the 
                date of such determination by the Secretaries.
                    (B) After initial period.--After the end of the 5-
                year period described in subparagraph (A), if either 
                the Secretary of Veterans Affairs or the Secretary of 
                Defense determines that the integration of the 
                facilities described in subsection (a) 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 paragraph (1). Such transfer shall occur 
                not later than one year after the date of the 
                determination by the Secretary concerned.

SEC. 3. TRANSFER OF CIVILIAN PERSONNEL OF THE DEPARTMENT OF DEFENSE.

    (a) Authorization for Transfer of Functions.--
            (1) In general.--The Secretary of Defense may transfer to 
        the Department of Veterans Affairs, and the Secretary of 
        Veterans Affairs may accept from the Department of Defense, 
        functions necessary for the effective operation of the Captain 
        James A. Lovell Federal Health Care Center.
            (2) Treatment of transfers.--Any transfer of functions 
        under this subsection is a transfer of functions within the 
        meaning of section 3503 of title 5, United States Code.
    (b) Terms of Agreement.--
            (1) Resource-sharing agreement.--Any transfer of functions 
        under subsection (a) shall be effectuated in a resource-sharing 
        agreement between the Secretary of Defense and the Secretary of 
        Veterans Affairs.
            (2) Elements.--Notwithstanding any other provision of law, 
        including but not limited to any provisions of title 5, United 
        States Code, relating to transfers of function or reductions-
        in-force, the agreement described in paragraph (1) shall be 
        controlling and may make provision for--
                    (A) 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;
                    (B) the transition of transferred employees to pay, 
                benefits, and personnel systems of the Department of 
                Veterans Affairs in a manner which will not result in 
                any reduction of pay, grade, or employment progression 
                of any employee or any change in employment status for 
                employees who have already successfully completed or 
                are in the process of completing a one-year 
                probationary period under title 5, United States Code;
                    (C) the 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
                    (D) such other matters relating to civilian 
                personnel management as the Secretary of Defense and 
                the Secretary of Veterans Affairs consider appropriate.
    (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 civilian employee 
positions in the Department of Defense 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) Ten-Year Extension of Authority for Joint Incentives Program.--
Paragraph (3) of section 8111(d) 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.--Paragraph (2) of such section is amended by adding at 
the end the following new sentence: ``Such purposes shall include real 
property maintenance and minor construction projects that are not 
required to be specifically authorized by law under section 8104 of 
this title and section 2805 of title 10.''.

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 under subsection (b).
    (b) Elements of Agreement.--Subsection (a) may be implemented 
through an agreement between the Secretary of Veterans Affairs and the 
Secretary of Defense. The agreement may--
            (1) establish an integrated priority list for access to 
        available care at the facility described in subsection (a), 
        integrating the respective priority lists of the 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 for access 
        to care at that facility 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 care provided at 
        that facility for individuals who are eligible for care under 
        both title 38, United States Code, and chapter 55 of title 10, 
        United States Code; and
            (4) waive the applicability to that facility of any 
        provision of section 8111(e) of title 38, United States Code, 
        as specified by the Secretaries.
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