II 110th CONGRESS 2d Session S. 3713 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.

1.

Short title

This Act may be cited as the Captain James A. Lovell Federal Health Care Center Act of 2008.

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.

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.

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..

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.