[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6153 Introduced in House (IH)]
110th CONGRESS
2d Session
H. R. 6153
To amend title 38, United States Code, to enhance the capacity of the
Department of Veterans Affairs to recruit and retain nurses and other
critical health-care professionals, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 22, 2008
Ms. Eddie Bernice Johnson of Texas (for herself, Mr. Rodriguez, Ms.
Corrine Brown of Florida, Mrs. Capps, Mrs. McCarthy of New York, and
Mr. Burgess) introduced the following bill; which was referred to the
Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to enhance the capacity of the
Department of Veterans Affairs to recruit and retain nurses and other
critical health-care professionals, 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 ``Veterans' Medical Personnel
Recruitment and Retention Act of 2008''.
SEC. 2. ENHANCEMENT OF AUTHORITIES FOR RETENTION OF MEDICAL
PROFESSIONALS.
(a) Secretarial Authority to Extend Title 38 Status to Additional
Positions.--
(1) In general.--Paragraph (3) of section 7401 of title 38,
United States Code, is amended by striking ``and blind
rehabilitation outpatient specialists.'' and inserting the
following: ``blind rehabilitation outpatient specialists, and
such other classes of health care occupations as the Secretary
considers necessary for the recruitment and retention needs of
the Department subject to the following requirements:
``(A) Not later than 45 days before the Secretary
appoints any personnel for a class of health care
occupations that is not specifically listed in this
paragraph, the Secretary shall submit to the Committee
on Veterans' Affairs of the Senate, the Committee on
Veterans' Affairs of the House of Representatives, and
the Office of Management and Budget notice of such
appointment.
``(B) Before submitting notice under subparagraph
(A), the Secretary shall solicit comments from any
labor organization representing employees in such class
and include such comments in such notice.''.
(2) Appointment of nurse assistants.--Such paragraph is
further amended by inserting ``nurse assistants,'' after
``licensed practical or vocational nurses,''.
(b) Probationary Periods for Nurses.--Section 7403(b) of such title
is amended--
(1) in paragraph (1), by striking ``Appointments'' and
inserting ``Except as otherwise provided in this subsection,
appointments'';
(2) by redesignating paragraph (2) as paragraph (4); and
(3) by inserting after paragraph (1) the following new
paragraphs:
``(2) An appointment of a nurse under this chapter, whether on a
full-time basis or a part-time basis, shall be for a probationary
period ending upon the completion by the person so appointed of 4,180
hours of work pursuant to such appointment.
``(3) An appointment described in subsection (a) on a part-time
basis of a person who has previously served on a full-time basis for
the probationary period for the position concerned shall be without a
probationary period.''.
(c) Prohibition on Temporary Part-Time Nurse Appointments in Excess
of 4,180 Hours.--Section 7405(f)(2) of such title is amended by
inserting after ``year'' the following: ``, except that a part-time
appointment of a nurse shall not exceed 4,180 hours''.
(d) Waiver of Offset From Pay for Certain Reemployed Annuitants.--
(1) In general.--Section 7405 of such title is amended by
adding at the end the following:
``(g)(1) The Secretary may waive the application of sections 8344
and 8468 of title 5 (relating to annuities and pay on reemployment) or
any other similar provision of law under a Government retirement system
on a case-by-case basis for an annuitant reemployed on a temporary
basis under the authority of subsection (a) in a position described
under paragraph (1) of that subsection.
``(2) An annuitant to whom a waiver under paragraph (1) is in
effect shall not be considered an employee for purposes of any
Government retirement system.
``(3) An annuitant to whom a waiver under paragraph (1) is in
effect shall be subject to the provisions of chapter 71 of title 5
(including all labor authority and labor representative collective
bargaining agreements) applicable to the position to which appointed.
``(4) In this subsection:
``(A) The term `annuitant' means an annuitant under a
Government retirement system.
``(B) The term `employee' has the meaning under section
2105 of title 5.
``(C) The term `Government retirement system' means a
retirement system established by law for employees of the
Government of the United States.''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on the date that is six months after the date
of the enactment of this Act, and shall apply to pay periods
beginning on or after such effective date.
(e) Minimum Rate of Basic Pay for Appointees to the Office of the
Under Secretary for Health Set to Lowest Rate of Basic Pay Payable for
a Senior Executive Service Position.--
(1) In general.--Section 7404(a) of such title is amended--
(A) by striking ``The annual'' and inserting ``(1)
The annual'';
(B) by striking ``The pay'' and inserting the
following:
``(2) The pay'';
(C) by striking ``under the preceding sentence''
and inserting ``under paragraph (1)''; and
(D) by adding at the end the following:
``(3) The minimum rate of basic pay for a position to which an
Executive order applies under paragraph (1) and is not described by
paragraph (2) may not be less than the lowest rate of basic pay payable
for a Senior Executive Service position under section 5382 of title
5.''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on the first day of the first pay period
beginning after the day that is 180 days after the date of the
enactment of this Act.
(f) Comparability Pay Program for Appointees to the Office of the
Under Secretary for Health.--Section 7410 of such title is amended--
(1) by striking ``The Secretary may'' and inserting ``(a)
In General.--The Secretary may''; and
(2) by adding at the end the following new subsection:
``(b) Comparability Pay for Appointees to the Office of the Under
Secretary for Health.--(1) The Secretary may authorize the Under
Secretary for Health to provide comparability pay of not more than
$100,000 per year to individuals of the Veterans Health Administration
appointed under section 7306 of this title who are not physicians or
dentists to achieve annual pay levels for such individuals that are
comparable with annual pay levels of individuals with similar positions
in the private sector.
``(2) Comparability pay under paragraph (1) for an individual is in
addition to all other pay, awards, and performance bonuses paid to such
individual under this title.
``(3) Except as provided in paragraph (4), comparability pay under
paragraph (1) for an individual shall be considered basic pay for all
purposes, including retirement benefits under chapters 83 and 84 of
title 5, and other benefits.
``(4) Comparability pay under paragraph (1) for an individual shall
not be considered basic pay for purposes of adverse actions under
subchapter V of this chapter.
``(5) Comparability pay under paragraph (1) may not be awarded to
an individual in an amount that would result in an aggregate amount of
pay (including bonuses and awards) received by such individual in a
year under this title that is greater than the annual pay of the
President.''.
(g) Special Incentive Pay for Department Pharmacist Executives.--
Section 7410 of such title, as amended by subsection (f), is further
amended by adding at the end the following new subsection:
``(c) Special Incentive Pay for Department Pharmacist Executives.--
(1) In order to recruit and retain highly qualified Department
pharmacist executives, the Secretary may authorize the Under Secretary
for Health to pay special incentive pay of not more than $40,000 per
year to an individual of the Veterans Health Administration who is a
pharmacist executive.
``(2) In determining whether and how much special pay to provide to
such individual, the Under Secretary shall consider the following:
``(A) The grade and step of the position of the individual.
``(B) The scope and complexity of the position of the
individual.
``(C) The personal qualifications of the individual.
``(D) The characteristics of the labor market concerned.
``(E) Such other factors as the Secretary considers
appropriate.
``(3) Special incentive pay under paragraph (1) for an individual
is in addition to all other pay (including basic pay) and allowances to
which the individual is entitled.
``(4) Except as provided in paragraph (5), special incentive pay
under paragraph (1) for an individual shall be considered basic pay for
all purposes, including retirement benefits under chapters 83 and 84 of
title 5, and other benefits.
``(5) Special incentive pay under paragraph (1) for an individual
shall not be considered basic pay for purposes of adverse actions under
subchapter V of this chapter.
``(6) Special incentive pay under paragraph (1) may not be awarded
to an individual in an amount that would result in an aggregate amount
of pay (including bonuses and awards) received by such individual in a
year under this title that is greater than the annual pay of the
President.''.
(h) Pay for Physicians and Dentists.--
(1) Non-foreign cost of living adjustment allowance.--
Section 7431(b) of such title is amended by adding at the end
the following:
``(5) The non-foreign cost of living adjustment allowance
authorized under section 5941 of title 5 for physicians and
dentists whose pay is set under this section shall be
determined as a percentage of base pay only.''.
(2) Market pay determinations for physicians and dentists
in administrative or executive leadership positions.--Section
7431(c)(4)(B)(i) of such title is amended by adding at the end
the following: ``The Secretary may exempt physicians and
dentists occupying administrative or executive leadership
positions from the requirements of the previous sentence.''.
(3) Exception to prohibition on reduction of market pay.--
Section 7431(c)(7) of such title is amended by striking
``concerned.'' and inserting ``concerned, unless there is a
change in board certification or reduction of privileges.''.
(i) Adjustment of Pay Cap for Nurses.--Section 7451(c)(2) of such
title is amended by striking ``title 5'' and inserting ``title 5 or the
level of GS-15 as prescribed under section 5332 of such title,
whichever is greater''.
(j) Exemption for Certified Registered Nurse Anesthetists From
Limitation on Authorized Competitive Pay.--Section 7451(c)(2) of such
title is further amended by adding at the end the following new
sentence: ``The maximum rate of basic pay for a grade for the position
of certified registered nurse anesthetist pursuant to an adjustment
under subsection (d) may exceed the maximum rate otherwise provided in
the preceding sentence.''.
(k) Locality Pay Scale Computations.--
(1) Education, training, and support for facility directors
in wage surveys.--Section 7451(d)(3) of such title is amended
by adding at the end the following new subparagraph:
``(F) The Under Secretary for Health shall provide appropriate
education, training, and support to directors of Department health-care
facilities in the conduct and use of surveys under this paragraph.''.
(2) Information on methodology used in wage surveys.--
Section 7451(e)(4) of such title is amended--
(A) by redesignating subparagraph (D) as
subparagraph (E); and
(B) by inserting after subparagraph (C) the
following new subparagraph (D):
``(D) In any case in which the director conducts such a
wage survey during the period covered by the report and makes
adjustment in rates of basic pay applicable to one or more
covered positions at the facility, information on the
methodology used in making such adjustment or adjustments.''.
(3) Disclosure of information to persons in covered
positions.--Section 7451(e) of such title is further amended by
adding at the end the following new paragraph:
``(6)(A) Upon the request of an individual described in
subparagraph (B) for a report provided under paragraph (4) with respect
to a Department health-care facility, the Under Secretary for Health or
the director of such facility shall provide to the individual the most
current report for such facility provided under such paragraph.
``(B) An individual described in this subparagraph is--
``(i) an individual in a covered position at a Department
health-care facility; or
``(ii) a representative of the labor organization
representing that individual who is designated by that
individual to make the request.''.
(l) Increased Limitation on Special Pay for Nurse Executives.--
Section 7452(g)(2) of such title is amended by striking ``$25,000'' and
inserting ``$100,000''.
(m) Eligibility of Part-Time Nurses for Additional Nurse Pay.--
(1) In general.--Section 7453 of such title is amended--
(A) in subsection (a), by striking ``a nurse'' and
inserting ``a full-time nurse or part-time nurse'';
(B) in subsection (b)--
(i) in the first sentence--
(I) by striking ``on a tour of
duty'';
(II) by striking ``on such tour'';
and
(III) by striking ``of such tour''
and inserting ``of such service''; and
(ii) in the second sentence, by striking
``of such tour'' and inserting ``of such
service'';
(C) in subsection (c)--
(i) by striking ``on a tour of duty''; and
(ii) by striking ``on such tour''; and
(D) in subsection (e)--
(i) in paragraph (1), by striking ``eight
hours in a day'' and inserting ``eight
consecutive hours''; and
(ii) in paragraph (5)(A), by striking
``tour of duty'' and inserting ``period of
service''.
(2) Exclusion of application of additional nurse pay
provisions to certain additional employees.--Section 7454(b)(3)
of such title is amended to read as follows:
``(3) Employees appointed under section 7408 of this title
performing service on a tour of duty, any part of which is within the
period commencing at midnight Friday and ending at midnight Sunday,
shall receive additional pay in addition to the rate of basic pay
provided such employees for each hour of service on such tour at a rate
equal to 25 percent of such employee's hourly rate of basic pay.''.
(n) Exemption of Additional Nurse Positions From Limitation on
Increase in Rates of Basic Pay.--Section 7455(c)(1) of such title is
amended by inserting after ``nurse anesthetists,'' the following:
``licensed practical nurses, licensed vocational nurses, and nursing
positions otherwise covered by title 5,''.
SEC. 3. LIMITATIONS ON OVERTIME DUTY, WEEKEND DUTY, AND ALTERNATIVE
WORK SCHEDULES FOR NURSES.
(a) Overtime Duty.--
(1) In general.--Subchapter IV of chapter 74 of title 38,
United States Code, is amended by adding at the end the
following new section:
``Sec. 7459. Nurses: special rules for overtime duty
``(a) Limitation.--Except as provided in subsection (c), the
Secretary may not require a nurse to work more than 40 hours (or 24
hours if such nurse is covered under section 7456) in an administrative
work week or more than eight consecutive hours (or 12 hours if such
nurse is covered under section 7456 or 7456A).
``(b) Voluntary Overtime.--(1) A nurse may on a voluntary basis
elect to work hours otherwise prohibited by subsection (a).
``(2) The refusal of a nurse to work hours prohibited by subsection
(a) shall not be grounds to discriminate (within the meaning of section
704(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-3(a))) against
the nurse, dismissal or discharge of the nurse, or any other adverse
personnel action against the nurse.
``(c) Overtime Under Emergency Circumstances.--(1) Subject to
paragraph (2), the Secretary may require a nurse to work hours
otherwise prohibited by subsection (a) if--
``(A) the work is a consequence of an emergency that could
not have been reasonably anticipated;
``(B) the emergency is non-recurring and is not caused by
or aggravated by the inattention of the Secretary or lack of
reasonable contingency planning by the Secretary;
``(C) the Secretary has exhausted all good faith,
reasonable attempts to obtain voluntary workers;
``(D) the nurse has critical skills and expertise that are
required for the work; and
``(E) the work involves work for which the standard of care
for a patient assignment requires continuity of care through
completion of a case, treatment, or procedure.
``(2) A nurse may not be required to work hours under this
subsection after the requirement for a direct role by the nurse in
responding to medical needs resulting from the emergency ends.
``(d) Nurse Defined.--In this section, the term `nurse' includes
the following;
``(1) A registered nurse.
``(2) A licensed practical or vocational nurse.
``(3) A nurse assistant appointed under this chapter or
title 5.
``(4) Any other nurse position designated by the Secretary
for purposes of this section.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 74 of such title is amended by inserting
after the item relating to section 7458 the following new item:
``7459. Nurses: special rules for overtime duty.''.
(b) Weekend Duty.--Section 7456 of such title is amended--
(1) in subsection (a) by striking ``regularly scheduled 12-
hour tour of duty'' and inserting ``scheduled 12-hour periods
of service'';
(2) in subsection (b)--
(A) in paragraph (2), by striking ``service
performed as part of a regularly scheduled 12-hour tour
of duty'' and inserting ``any service performed''; and
(B) in paragraph (3)--
(i) in subparagraph (A), by striking
``regularly scheduled two 12-hour tours of
duty'' and inserting ``scheduled 12-hour period
of service'';
(ii) in subparagraph (B), by striking
``regularly scheduled two 12-hour tour of
duty'' and inserting ``scheduled 12-hour period
of service''; and
(iii) in subparagraph (C), by striking
``regularly scheduled two 12-hour tours of
duty'' and inserting ``scheduled two 12-hour
periods of service'';
(3) by striking subsection (c); and
(4) by redesignating subsection (d) as (c).
(c) Alternate Work Schedules.--
(1) In general.--Section 7456A(b)(1)(A) of such title is
amended by striking ``three regularly scheduled'' and all that
follows through the period at the end and inserting ``six
regularly scheduled 12-hour periods of service within a pay
period shall be considered for all purposes to have worked a
full 80-hour pay period.''.
(2) Conforming amendments.--Section 7456A(b) of such title
is amended--
(A) in the subsection heading, by striking ``36/
40'' and inserting ``72/80'';
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``40-
hour basic work week'' and inserting ``80-hour
pay period'';
(ii) in subparagraph (B), by striking
``regularly scheduled 36-hour tour of duty
within the work week'' and inserting
``scheduled 72-hour period of service within
the bi-weekly pay period'';
(iii) in subparagraph (C)--
(I) in clause (i), by striking
``regularly scheduled 36-hour tour of
duty within an administrative work
week'' and inserting ``scheduled 72-
hour period of service within an
administrative pay period'';
(II) in clause (ii), by striking
``regularly scheduled 12-hour tour of
duty'' and inserting ``scheduled 12-
hour period of service''; and
(III) in clause (iii), by striking
``regularly scheduled 36-hour tour of
duty work week'' and inserting
``scheduled 72-hour period of service
pay period''; and
(iv) in subparagraph (D), by striking
``regularly scheduled 12-hour tour of duty''
and inserting ``scheduled 12-hour period of
service''; and
(C) in paragraph (3), by striking ``regularly
scheduled 12-hour tour of duty'' and inserting
``scheduled 12-hour period of service''.
SEC. 4. IMPROVEMENTS TO CERTAIN EDUCATIONAL ASSISTANCE PROGRAMS.
(a) Reinstatement of Health Professionals Educational Assistance
Scholarship Program.--
(1) In general.--Section 7618 of title 38, United States
Code, is amended by striking ``December 31, 1998'' and
inserting ``December 31, 2013''.
(2) Expansion of eligibility requirements.--Paragraph (2)
of section 7612(b) of such title is amended by striking
``(under section'' and all that follows through the period at
the end and inserting the following: ``as an appointee under
paragraph (1) or (3) of section 7401 of this title.''.
(b) Improvements to Education Debt Reduction Program.--
(1) Inclusion of employee retention as purpose of
program.--Section 7681(a)(2) of such title is amended by
inserting ``and retention'' after ``recruitment'' the first
time it appears.
(2) Eligibility.--Section 7682 of such title is amended--
(A) in subsection (a)(1), by striking ``a recently
appointed'' and inserting ``an''; and
(B) by striking subsection (c).
(3) Maximum amounts of assistance.--Section 7683(d)(1) of
such title is amended--
(A) by striking ``$44,000'' and inserting
``$60,000''; and
(B) by striking ``$10,000'' and inserting
``$12,000''.
(c) Loan Repayment Program for Clinical Researchers From
Disadvantaged Backgrounds.--
(1) In general.--The Secretary of Veterans Affairs, in
consultation with the Secretary of Health and Human Services,
may utilize the authorities available in section 487E of the
Public Health Service Act (42 U.S.C. 288-5) for the repayment
of the principal and interest of educational loans of
appropriately qualified health professionals who are from
disadvantaged backgrounds in order to secure clinical research
by such professionals for the Veterans Health Administration.
(2) Limitations.--The exercise by the Secretary of Veterans
Affairs of the authorities referred to in paragraph (1) shall
be subject to the conditions and limitations specified in
paragraphs (2) and (3) of section 487E(a) of the Public Health
Service Act (42 U.S.C. 288-5(2) and (3)).
(3) Funding.--Amounts for the repayment of principal and
interest of educational loans under this subsection shall be
derived from amounts available to the Secretary of Veterans for
the Veterans Health Administration for Medical Services.
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