[Congressional Record Volume 155, Number 95 (Tuesday, June 23, 2009)]
[Senate]
[Pages S6942-S6944]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN (for himself and Mr. Akaka):
  S. 1322. A bill to provide for the Captain James A. Lovell Federal 
Health Care Center in Lake County, Illinois, 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 
printed in the Record, as follows:

                                S. 1322

       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''.

[[Page S6943]]

       (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

[[Page S6944]]

     (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''.
                                 ______