[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3302 Introduced in Senate (IS)]
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115th CONGRESS
2d Session
S. 3302
To amend title 38, United States Code, to provide for the non-
applicability of non-Department of Veterans Affairs covenants not to
compete to the appointment of physicians in the Veterans Health
Administration, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 31, 2018
Mr. Boozman (for himself, Mr. Heller, and Mr. Tester) introduced the
following bill; which was read twice and referred to the Committee on
Veterans' Affairs
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to provide for the non-
applicability of non-Department of Veterans Affairs covenants not to
compete to the appointment of physicians in the Veterans Health
Administration, 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 ``VA Hiring Enhancement Act''.
SEC. 2. NON-APPLICABILITY OF NON-DEPARTMENT OF VETERANS AFFAIRS
COVENANTS NOT TO COMPETE TO APPOINTMENT OF PHYSICIANS IN
THE VETERANS HEALTH ADMINISTRATION.
(a) In General.--Subchapter I of chapter 74 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 7413. Effect of non-Department covenants not to compete on
appointment of physicians
``(a) Non-Applicability.--Except as provided in subsection (b), in
the case of an individual who is an applicant for appointment to a
position as a physician in the Veterans Health Administration, any
covenant not to compete into which the individual has entered with a
non-Department facility or other non-Department entity or individual
shall have no force or effect with respect to the appointment of the
individual to such a position.
``(b) Service Obligation.--(1) Any individual who is appointed as a
physician in the Veterans Health Administration and has entered into a
covenant not to compete that is rendered non-applicable pursuant to
subsection (a), shall, as a condition of such appointment, agree to
provide clinical services at a Department medical facility for the
duration of the period described in paragraph (2).
``(2) The period described in this paragraph is the period that
begins on the date on which an individual is appointed as described in
paragraph (1) and ends on the latter of the following dates:
``(A) The date that is one year after such date of
appointment.
``(B) The date of the termination of any covenant not to
compete that is rendered non-applicable pursuant to subsection
(a).
``(3) The Secretary may waive the requirement under paragraph (1)
with respect to an individual at the discretion of the Secretary.
``(c) Termination of Department Employment.--In the case of an
individual who is appointed as a physician in the Veterans Health
Administration and has entered into a covenant not to compete that is
rendered non-applicable pursuant to subsection (a), if the individual's
employment at the Veterans Health Administration is terminated for any
reason before the specified termination date of such covenant,
subsection (a) shall not apply with respect to such covenant after the
date of the termination of the individual's employment at the Veterans
Health Administration.
``(d) Covenant Not To Compete Defined.--In this section, the term
`covenant not to compete' means an agreement between an employee and
employer or a contractor and principal that restricts such employee or
contractor from performing--
``(1) work for another employer for a specified period of
time;
``(2) work in a specified geographical area; or
``(3) work for another employer performing work that is
similar to the work such employee or contractor performed for
the employer or principal.
``(e) Application.--This section shall apply to any covenant not to
compete that is entered into after the date of the enactment of the VA
Hiring Enhancement Act.''.
(b) 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 7412 the following new item:
``7413. Effect of non-Department covenants not to compete on
appointment of physicians.''.
SEC. 3. MODIFICATION OF QUALIFICATIONS TO IMPROVE RECRUITMENT OF
PHYSICIANS.
Section 7402(b)(1) of title 38, United States Code, is amended--
(1) in the matter preceding subparagraph (A), by inserting
``or to be offered a contingent appointment to such a
position'' after ``position''; and
(2) by striking subparagraphs (B) and (C) and inserting the
following:
``(B)(i) have completed a post-graduate residency training
program leading to board eligibility in a specialty
satisfactory to the Secretary; or
``(ii) with respect to an offer for a contingent
appointment, complete a post-graduate residency training
program leading to board eligibility in a specialty
satisfactory to the Secretary by not later than two years after
the date of such offer; and
``(C)(i) be licensed to practice medicine, surgery, or
osteopathy in a State; or
``(ii) with respect to an offer for a contingent
appointment, be licensed to practice medicine, surgery, or
osteopathy in a State by not later than two years after the
date of such offer.''.
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