[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1322 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1322

 To provide for the Captain James A. Lovell Federal Health Care Center 
           in Lake County, Illinois, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 23, 2009

 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 Captain James A. Lovell Federal Health Care Center 
           in Lake County, Illinois, 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 2009''.

SEC. 2. EXECUTIVE AGREEMENT.

    (a) Executive Agreement Required.--Not later than 180 days after 
the date of the enactment of this Act, the Secretary of Defense, in 
consultation with the Secretary of the Navy, and the Secretary of 
Veterans Affairs shall execute a signed executive agreement for the 
joint use by the Department of Defense and the Department of Veterans 
Affairs of the following:
            (1) A new Navy ambulatory care center (on which 
        construction commenced in July 2008), parking structure, and 
        supporting structures and facilities in North Chicago, 
        Illinois, and Great Lakes, Illinois.
            (2) Medical personal property and equipment relating to the 
        center, structures, and facilities described in paragraph (1).
    (b) Scope.--The agreement required by subsection (a) shall--
            (1) be a binding operational agreement on matters under the 
        areas specified in section 706 of the Duncan Hunter National 
        Defense Authorization Act for Fiscal Year 2009 (Public Law 110-
        417; 122 Stat. 4500); and
            (2) contain additional terms and conditions as required by 
        the provisions of this Act.

SEC. 3. TRANSFER OF PROPERTY.

    (a) Transfer.--
            (1) Transfer authorized.--The Secretary of Defense, acting 
        through the Administrator of General Services, may transfer, 
        without reimbursement, to the Secretary of Veterans Affairs 
        jurisdiction over the center, structures, facilities, and 
        property and equipment covered by the executive agreement under 
        section 2.
            (2) Date of transfer.--The transfer authorized by paragraph 
        (1) may not occur before the earlier of--
                    (A) the date that is five years after the date of 
                the execution under section 2 of the executive 
                agreement required by that section; or
                    (B) the date of the completion of such specific 
                benchmarks relating to the joint use by the Department 
                of Defense and the Department of Veterans Affairs of 
                the Navy ambulatory care center described in section 
                2(a)(1) as the Secretary of Defense (in consultation 
                with the Secretary of the Navy) and Secretary of the 
                Department of Veterans Affairs shall jointly establish 
                for purposes of this section not later than 180 days 
                after the date of the enactment of this Act.
            (3) Delay of transfer for completion of construction.--If 
        construction on the center, structures, and facilities 
        described in paragraph (1) is not complete as of the date 
        specified in subparagraph (A) or (B) of that paragraph, as 
        applicable, the transfer of the center, structures, and 
        facilities under that paragraph may occur thereafter upon 
        completion of the construction.
            (4) Discharge of transfer.--The Administrator of General 
        Services shall effectualize and memorialize the transfer as 
        authorized by this subsection not later than 30 days after 
        receipt of the request for the transfer.
            (5) Designation of facility.--The center, structures, 
        facilities transferred under this subsection shall be 
        designated and known after transfer under this subsection 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 those specified in the executive 
        agreement required by section 2, or is otherwise jointly 
        determined by the Secretary of Defense and the Secretary of 
        Veterans Affairs to be excess to the needs of the Captain James 
        A. Lovell Federal Health Care Center, the Secretary of Veterans 
        Affairs shall offer to transfer jurisdiction over such 
        property, without reimbursement, to the Secretary of Defense. 
        Any such transfer shall be carried out by the Administrator of 
        General Services not later than one year after the acceptance 
        of the offer of such transfer, plus such additional time as the 
        Administrator may require to effectuate and memorialize such 
        transfer.
            (2) Reversion in event of lack of facilities integration.--
                    (A) Within initial period.--During the five-year 
                period beginning on the date of the transfer of real 
                and related personal property pursuant to subsection 
                (a), if the Secretary of Veterans Affairs, the 
                Secretary of Defense, and the Secretary of Navy jointly 
                determine that the integration of the facilities 
                transferred pursuant to that subsection should not 
                continue, jurisdiction over such real and related 
                personal property shall be transferred, without 
                reimbursement, to the Secretary of Defense. The 
                transfer under this subparagraph shall be carried out 
                by the Administrator of General Services not later than 
                180 days after the date of the determination by the 
                Secretaries, plus such additional time as the 
                Administrator may require to effectuate and memorialize 
                such transfer.
                    (B) After initial period.--After the end of the 
                five-year period described in subparagraph (A), if the 
                Secretary of Veterans Affairs or the Secretary of 
                Defense determines that the integration of the 
                facilities transferred pursuant to subsection (a) 
                should not continue, the Secretary of Veterans Affairs 
                shall transfer, without reimbursement, to the Secretary 
                of Defense jurisdiction over the real and related 
                personal property described in subparagraph (A). Any 
                transfer under this subparagraph shall be carried out 
                by the Administrator of General Services not later than 
                one year after the date of the determination by the 
                applicable Secretary, plus such additional time as the 
                Administrator may require to effectuate and memorialize 
                such transfer.
                    (C) Reversion procedures.--The executive agreement 
                required by section 2 shall provide the following:
                            (i) Specific procedures for the reversion 
                        of real and related personal property, as 
                        appropriate, transferred pursuant to subsection 
                        (a) to ensure the continuing accomplishment by 
                        the Department of Defense and the Department of 
                        Veterans Affairs of their missions in the event 
                        that the integration of facilities described 
                        transferred pursuant to that subsection (a) is 
                        not completed or a reversion of property occurs 
                        under subparagraph (A) or (B).
                            (ii) In the event of a reversion under this 
                        paragraph, the transfer from the Department of 
                        Veterans Affairs to the Department of Defense 
                        of associated functions including appropriate 
                        resources, civilian positions, and personnel, 
                        in a manner that will not result in adverse 
                        impact to the missions of Department of Defense 
                        or the Department of Veterans Affairs.

SEC. 4. TRANSFER OF CIVILIAN PERSONNEL OF THE DEPARTMENT OF DEFENSE.

    (a) Transfer of Functions.--The Secretary of Defense and the 
Secretary of the Navy may transfer to the Secretary of Veterans Affairs 
functions necessary for the effective operation of the Captain James A. 
Lovell Federal Health Care Center. The Secretary of Veterans Affairs 
may accept any functions so transferred.
    (b) Terms.--
            (1) Executive agreement.--Any transfer of functions under 
        subsection (a) shall be carried out as provided in the 
        executive agreement required by section 2. The functions to be 
        so transferred shall be identified utilizing the provisions of 
        section 3503 of title 5, United States Code.
            (2) Elements.--In providing for the transfer of functions 
        under subsection (a), the executive agreement required by 
        section 2 shall provide for the following:
                    (A) The transfer of civilian employee positions of 
                the Department of Defense identified in the executive 
                agreement to the Department of Veterans Affairs, and of 
                the incumbent civilian employees in such positions, and 
                the transition of the employees so transferred to the 
                pay, benefits, and personnel systems that apply to 
                employees of the Department of Veterans Affairs (to the 
                extent that different systems apply).
                    (B) The transition of employees so transferred to 
                the pay systems of the Department of Veterans Affairs 
                in a manner which will not result in any reduction in 
                an employee's regular rate of compensation (including 
                basic 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 
                employment status for employees so transferred who have 
                already successfully completed or are in the process of 
                completing a one-year probationary period under title 
                5, United States Code, notwithstanding the provisions 
                of section 7403(b)(1) of title 38, 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 7421(b) 
                of title 38, United States Code, notwithstanding the 
                provisions of section 7422 of title 38, United States 
                Code, for a two-year period beginning 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 
                following 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 
                        representatives of the transferred employees 
                        about such impact.
                            (iii) Determination, after consultation 
                        with the Secretary of Defense and the Secretary 
                        of the Navy, whether the extension of such 
                        rights should be terminated, modified, or kept 
                        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) Retention of Department of Defense Employment Authority.--
Notwithstanding subsections (a) and (b), the Department of Defense may 
employ civilian personnel at the Captain James Lovell Federal Health 
Care Center if the Secretary of the Navy, or a designee of the 
Secretary, determines it is necessary and appropriate to meet mission 
requirements of the Department of the Navy.

SEC. 5. JOINT FUNDING AUTHORITY FOR THE CAPTAIN JAMES A. LOVELL FEDERAL 
              HEALTH CARE CENTER.

    (a) In General.--The Department of Veterans Affairs/Department of 
Defense Health-Care Resources Sharing Committee under section 8111(b) 
of title 38, United States Code, may provide for the joint funding of 
the Captain James A. Lovell Federal Health Care Center in accordance 
with the provisions of this section.
    (b) Health Care Center Fund.--
            (1) Establishment.--There is established on the books of 
        the Treasury under the Department of Veterans Affairs a fund to 
        be known as the ``Captain James A. Lovell Federal Health Care 
        Center Fund'' (in this section referred to as the ``Fund'').
            (2) Elements.--The Fund shall consist of the following:
                    (A) Amounts transferred to the Fund by the 
                Secretary of Defense, in consultation with the 
                Secretary of the Navy, from amounts authorized to be 
                appropriated for the Department of Defense.
                    (B) Amounts transferred to the Fund by the 
                Secretary of Veterans Affairs from amounts authorized 
                to be appropriated for the Department of Veterans 
                Affairs.
                    (C) Amounts transferred to the Fund from medical 
                care collections under paragraph (4).
            (3) Determination of amounts transferred generally.--The 
        amount transferred to the Fund by each of the Secretary of 
        Defense and the Secretary of Veterans Affairs under 
        subparagraphs (A) and (B), as applicable, of paragraph (2) each 
        fiscal year shall be such amount, as determined by a 
        methodology jointly established by the Secretary of Defense and 
        the Secretary of Veterans Affairs for purposes of this 
        subsection, that reflects the mission-specific activities, 
        workload, and costs of provision of health care at the Captain 
        James A. Lovell Federal Health Care Center of the Department of 
        Defense and the Department of Veterans Affairs, respectively.
            (4) Transfers from medical care collections.--
                    (A) In general.--Amounts collected under the 
                authorities specified in subparagraph (B) for health 
                care provided at the Captain James A. Lovell Federal 
                Health Care Center may be transferred to the Fund under 
                paragraph (2)(C).
                    (B) Authorities.--The authorities specified in this 
                subparagraph are the following:
                            (i) Section 1095 of title 10, United States 
                        Code.
                            (ii) Section 1729 of title 38, United 
                        States Code.
                            (iii) Public Law 87-693, popularly known as 
                        the ``Federal Medical Care Recovery Act'' (42 
                        U.S.C. 2651 et seq.).
            (5) Administration.--The Fund shall be administered in 
        accordance with such provisions of the executive agreement 
        required by section 2 as the Secretary of Defense and the 
        Secretary of Veterans Affairs shall jointly include in the 
        executive agreement. Such provisions shall provide for an 
        independent review of the methodology established under 
        paragraph (3).
    (c) Availability.--
            (1) In general.--Funds transferred to the Fund under 
        subsection (b) shall be available to fund the operations of the 
        Captain James A. Lovell Federal Health Care Center, including 
        capital equipment, real property maintenance, and minor 
        construction projects that are not required to be specifically 
        authorized by law under section 2805 of title 10, United States 
        Code, or section 8104 of title 38, United States Code.
            (2) Limitation.--The availability of funds transferred to 
        the Fund under subsection (b)(2)(C) shall be subject to the 
        provisions of section 1729A of title 38, United States Code.
            (3) Period of availability.--
                    (A) In general.--Except as provided in subparagraph 
                (B), funds transferred to the Fund under subsection (b) 
                shall be available under paragraph (1) for one fiscal 
                year after transfer.
                    (B) Exception.--Of an amount transferred to the 
                Fund under subsection (b), an amount not to exceed two 
                percent of such amount shall be available under 
                paragraph (1) for two fiscal years after transfer.
    (d) Financial Reconciliation.--The executive agreement required by 
section 2 shall provide for the development and implementation of an 
integrated financial reconciliation process that meets the fiscal 
reconciliation requirements of the Department of Defense, the 
Department of the Navy, and the Department of Veterans Affairs. The 
process shall permit each of the Department of Defense, the Department 
of Navy, and the Department of Veterans Affairs to identify their 
fiscal contributions to the Fund, taking into consideration accounting, 
workload, and financial management differences.
    (e) Annual Report.--The Secretary of Defense, in consultation with 
the Secretary of the Navy, and the Secretary of Veterans Affairs shall 
jointly 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.
    (f) Termination.--The authorities in this section shall terminate 
on September 30, 2015.

SEC. 6. ELIGIBILITY OF MEMBERS OF THE UNIFORMED SERVICES FOR CARE AND 
              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 may be treated as a facility of the 
uniformed services to the extent provided under subsection (b) in the 
executive agreement required by section 2.
    (b) Additional Elements.--The executive agreement required by 
section 2 may include provisions as follows:
            (1) To establish an integrated priority list for access to 
        health care at the Captain James A. Lovell Federal Health Care 
        Center, which list shall--
                    (A) integrate the respective health care priority 
                lists of the Secretary of Defense and the Secretary of 
                Veterans Affairs; and
                    (B) 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.
            (2) To incorporate any resource-related limitations for 
        access to health care at the Captain James A. Lovell Federal 
        Health Care Center 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.
            (3) To allocate financial responsibility for care provided 
        at the Captain James A. Lovell Federal Health Care Center for 
        individuals who are eligible for care under both chapter 55 of 
        title 10, United States Code, and title 38, United States Code.
            (4) To waive the applicability to the Captain James A. 
        Lovell Federal Health Care Center of any provision of section 
        8111(e) of title 38, United States Code, that the Secretary of 
        Defense and the Secretary of Veterans Affairs shall jointly 
        specify.

SEC. 7. EXTENSION OF DOD-VA HEALTH CARE SHARING INCENTIVE FUND.

    Section 8111(d)(3) of title 38, United States Code, is amended by 
striking ``September 30, 2010'' and inserting ``September 30, 2015''.
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