1.This Act may be cited as
the Captain James A. Lovell Federal
Health Care Center Act of 2009
.
2.
(a)Executive
agreement requiredNot 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)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.
3.
(a)
(1)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)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 constructionIf 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)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)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)
(1)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)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 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)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.
4.Transfer of
civilian personnel of the Department of Defense
(a)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)
(1)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)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 authorityNotwithstanding
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.
5.Joint funding
authority for the Captain James A. Lovell Federal Health Care Center
(a)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)
(1)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)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 generallyThe 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)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)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)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)
(1)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)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)
(A)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)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)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)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)The
authorities in this section shall terminate on September 30, 2015.
6.Eligibility of
members of the uniformed services for care and services at the Captain James A.
Lovell Federal Health Care Center
(a)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)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.
7.Extension of
DOD–VA Health Care Sharing Incentive FundSection 8111(d)(3) of title 38, United
States Code, is amended by striking September 30, 2010
and
inserting September 30, 2015
.