[Congressional Record Volume 154, Number 177 (Thursday, November 20, 2008)]
[Senate]
[Pages S10746-S10747]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN (for himself and Mr. Akaka):
  S. 3713: 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; to the Committee on Armed Services.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
placed in the Record, as follows:

                                S. 3713

       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

[[Page S10747]]

       (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.
                                 ______