[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8017 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 8017
To make certain improvements to the workforce of the Department of
Veterans Affairs, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 9, 2022
Mr. Pappas (for himself and Mr. Cline) introduced the following bill;
which was referred to the Committee on Veterans' Affairs, and in
addition to the Committees on Ways and Means, and Oversight and Reform,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
_______________________________________________________________________
A BILL
To make certain improvements to the workforce of the Department of
Veterans Affairs, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``VA Workforce
Investment and Expansion Act of 2022''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Matters relating to amendments to title 38, United States Code.
Sec. 3. National rural recruitment and hiring plan for Veterans Health
Administration.
Sec. 4. Authority to buy out service contracts for certain health care
professionals in exchange for employment at
rural or highly rural facilities of
Department of Veterans Affairs.
Sec. 5. Qualifications for human resources positions within Department
of Veterans Affairs and plan to recruit and
retain human resources employees.
Sec. 6. Modification of pay cap for certain employees of Veterans
Health Administration.
Sec. 7. Expansion of opportunities for housekeeping aides.
Sec. 8. Modification of authority of the Secretary of Veterans Affairs
relating to hours, conditions of
employment, and pay for certain employees
of Veterans Health Administration.
Sec. 9. Waiver of pay limitation for certain employees of Department of
Veterans Affairs.
Sec. 10. Elimination of limitation on awards and bonus for employees of
Department of Veterans Affairs.
Sec. 11. Additional authority of the Secretary of Veterans Affairs
relating to recruitment and retention of
personnel.
Sec. 12. Prescription of medication by health care providers of
Department of Veterans Affairs via
telemedicine.
SEC. 2. MATTERS RELATING TO AMENDMENTS TO TITLE 38, UNITED STATES CODE.
(a) References.--Except as otherwise expressly provided, when in
this Act an amendment or repeal is expressed in terms of an amendment
to, or repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of title 38,
United States Code.
(b) Amendments to Tables of Contents.--Except as otherwise
expressly provided, when an amendment made by this Act to title 38,
United States Code, adds a section or larger organizational unit to
that title or amends the designation or heading of a section or larger
organizational unit in that title, that amendment also shall have the
effect of amending any table of sections in that title to alter the
table to conform to the changes made by the amendment.
SEC. 3. NATIONAL RURAL RECRUITMENT AND HIRING PLAN FOR VETERANS HEALTH
ADMINISTRATION.
(a) In General.--Not later than 18 months after the date of the
enactment of this Act, the Secretary of Veterans Affairs, in
collaboration with the directors of each community-based outpatient
clinic and medical center of the Department of Veterans Affairs, shall
develop and implement a national rural recruitment and hiring plan for
the Veterans Health Administration to--
(1) recruit health care professionals for rural and highly
rural community-based outpatient clinics and rural and highly
rural medical centers of the Department;
(2) determine which such clinics or centers have a staffing
shortage of health care professionals;
(3) develop best practices and techniques for recruiting
health care professionals for such clinics and centers;
(4) not less frequently than annually, provide virtually
based, on-demand training to human resources professionals of
the Veterans Health Administration on the best practices and
techniques developed under paragraph (3); and
(5) provide recruitment resources, such as pamphlets and
marketing material to--
(A) Veterans Integrated Service Networks of the
Department;
(B) rural and highly rural community-based
outpatient clinics of the Department; and
(C) rural and highly rural medical centers of the
Department.
(b) Annual Report.--Not later than 18 months after the date of the
enactment of this Act, and annually thereafter, the Secretary shall
submit to the Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of Representatives a report
that includes--
(1) the plan developed and implemented under subsection
(a); and
(2) an assessment of the outcomes related to recruitment
and retention of employees of the Veterans Health
Administration at rural and highly rural facilities of the
Department.
(c) Definitions.--In this section, the terms ``rural'' and ``highly
rural'' have the meanings given those terms under the rural-urban
commuting areas coding system of the Department of Agriculture.
SEC. 4. AUTHORITY TO BUY OUT SERVICE CONTRACTS FOR CERTAIN HEALTH CARE
PROFESSIONALS IN EXCHANGE FOR EMPLOYMENT AT RURAL OR
HIGHLY RURAL FACILITIES OF DEPARTMENT OF VETERANS
AFFAIRS.
(a) In General.--For any covered health care professional to whom
the Secretary of Veterans Affairs has offered employment with the
Department of Veterans Affairs, the Secretary may buy out the non-
Department service contract of such individual in exchange for such
individual agreeing to be employed at a rural or highly rural facility
of the Department for a period of obligated service specified in
subsection (c).
(b) Payment of Amounts.--
(1) In general.--Payment of any amounts for a buy out of a
service contract for a covered health care professional under
subsection (a) shall be made directly to the individual or
entity with respect to which the covered health care
professional has a service obligation under such contract.
(2) Limitation on total amount.--The total amount paid by
the Department under this section shall not exceed $40,000,000
per fiscal year.
(c) Obligated Service.--In exchange for a contract buy out under
subsection (a), a covered health care professional shall agree to be
employed for not less than four years at a rural or highly rural
facility of the Department.
(d) Liability.--
(1) In general.--Except as provided in paragraph (2), if a
covered health care professional fails for any reason to
complete the period of obligated service of the individual
under subsection (c), the United States shall be entitled to
recover from the individual an amount equal to--
(A) the total amount paid under subsection (a) to
buy out the non-Department service contract of the
individual; multiplied by
(B) a fraction--
(i) the numerator of which is--
(I) the total number of months in
the period of obligated service of the
individual; minus
(II) the number of months served by
the individual; and
(ii) the denominator of which is the total
number of months in the period of obligated
service of the individual.
(2) Exception.--Liability shall not arise under paragraph
(1) in the case of an individual covered by that paragraph if
the individual does not obtain, or fails to maintain,
employment as an employee of the Department due to staffing
changes approved by the Under Secretary for Health.
(e) Not a Taxable Benefit.--A contract buy out for a covered health
care professional under subsection (a) shall not be considered a
taxable benefit or event for the covered health care professional.
(f) Annual Report.--
(1) In general.--Not later than 18 months after the date of
the enactment of this Act, and not less frequently than
annually thereafter, the Secretary of Veterans Affairs shall
submit to the Committee on Veterans' Affairs of the Senate and
the Committee on Veterans' Affairs of the House of
Representatives a report on the use by the Secretary of the
authority under this section.
(2) Elements.--Each report required by paragraph (1) shall
include the following:
(A) The number of health care professionals for
whom a service contract buyout payment was made under
subsection (a) in the previous fiscal year,
disaggregated by occupation or specialty.
(B) The average, highest, and lowest amount of the
service contract buyout payments made under subsection
(a) for each occupation or specialty in the previous
fiscal year.
(C) Each location where contract buyout authority
under subsection (a) was utilized and the number of
covered health care professionals who agreed to be
employed at such location in the previous fiscal year.
(g) Definitions.--In this section:
(1) The term ``covered health care professional'' means a
physician, nurse anesthetist, surgical physician assistant, or
nurse practitioner offered employment with the Department
regardless of the authority under which such employment is
offered.
(2) The terms ``rural'' and ``highly rural'' have the
meanings given those terms under the rural-urban commuting
areas coding system of the Department of Agriculture.
(h) Sunset.--This section shall terminate on September 30, 2027.
SEC. 5. QUALIFICATIONS FOR HUMAN RESOURCES POSITIONS WITHIN DEPARTMENT
OF VETERANS AFFAIRS AND PLAN TO RECRUIT AND RETAIN HUMAN
RESOURCES EMPLOYEES.
(a) Establishment of Qualifications.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of Veterans
Affairs shall--
(1) establish qualifications for each human resources
position within the Department of Veterans Affairs in
coordination with the Office of Personnel Management;
(2) establish standardized performance metrics for each
such position; and
(3) submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a report containing the qualifications and
standardized performance metrics established under paragraphs
(1) and (2).
(b) Improvement of Human Resources Actions.--Not later than 90 days
after the date of the enactment of this Act, the Secretary shall
establish or enhance systems of the Department to monitor the hiring
and other human resources actions that occur at the local, regional,
and national levels of the Department to improve the performance of
those actions.
(c) Report.--Not later than one year after the establishment of the
qualifications and performance metrics under subsection (a), the
Comptroller General of the United States shall submit to the Committee
on Veterans' Affairs of the Senate and the Committee on Veterans'
Affairs of the House of Representatives a report containing--
(1) a description of the implementation of such
qualifications and performance metrics;
(2) an assessment of the quality of such qualifications and
performance metrics;
(3) an assessment of performance and outcomes based on such
metrics; and
(4) such other matters as the Comptroller General considers
appropriate.
(d) Plan To Recruit and Retain Human Resources Employees.--Not
later than one year after the date of the enactment of this Act, the
Secretary of Veterans Affairs shall submit to the Committee on
Veterans' Affairs of the Senate and the Committee on Veterans' Affairs
of the House of Representatives a plan for the recruitment and
retention of human resources employees within the Department of
Veterans Affairs.
SEC. 6. MODIFICATION OF PAY CAP FOR CERTAIN EMPLOYEES OF VETERANS
HEALTH ADMINISTRATION.
(a) In General.--Section 7455(c) is amended--
(1) in paragraph (1), by striking ``30 percent'' inserting
``50 percent'';
(2) in paragraph (2), by striking ``level IV'' inserting
``level II''; and
(3) by adding at the end the following new paragraph:
``(3)(A) Notwithstanding section 5304 of title 5 or any other
provision of law, but subject to the limitation under paragraph (2),
pursuant to an increase under subsection (a), the Secretary may pay a
special rate or an adjusted rate of basic pay in excess of the rate of
basic pay payable for level IV of the Executive Schedule.
``(B) If an employee is in receipt of a special rate of pay under
subparagraph (A) in excess of the rate of basic pay payable for level
IV of the Executive Schedule with an established special rate
supplement of greater value than a supplement based on the applicable
locality-based comparability payment percentage under section 5304 of
title 5, but a pay adjustment would cause such established special rate
supplement to be of lesser value, the special rate supplement shall be
converted to a supplement based on the applicable locality-based
comparability percentage unless the Secretary determines that some
other action is appropriate.''.
(b) Pay for Critical Positions.--Section 7404(a)(1)(B) is amended
by inserting ``7306 or'' before ``7401(4)''.
SEC. 7. EXPANSION OF OPPORTUNITIES FOR HOUSEKEEPING AIDES.
Section 3310 of title 5, United States Code, is amended by
inserting ``(other than for positions of housekeeping aides in the
Department of Veterans Affairs)'' after ``competitive service''.
SEC. 8. MODIFICATION OF AUTHORITY OF THE SECRETARY OF VETERANS AFFAIRS
RELATING TO HOURS, CONDITIONS OF EMPLOYMENT, AND PAY FOR
CERTAIN EMPLOYEES OF VETERANS HEALTH ADMINISTRATION.
(a) Expansion of Eligibility of Employees for Certain Awards.--
Section 7404(c) is amended--
(1) by striking ``Notwithstanding'' and inserting ``(1)
Notwithstanding'';
(2) by inserting ``or 7401(4)'' after ``section 7306'';
(3) by striking ``who is not eligible for pay under
subchapter III'' and inserting ``or in a covered executive
position under section 7401(1) of this title'';
(4) by striking ``sections 4507 and 5384'' and inserting
``section 4507''; and
(5) by adding at the end the following new paragraph:
``(2) In this subsection, the term `covered executive position'
means a position that the Secretary has determined is of equivalent
rank to a Senior Executive Service position (as such term is defined in
section 3132(a) of title 5) and is subject to an agency performance
management system.''.
(b) Authority for Awards Programs of Department of Veterans
Affairs.--
(1) In general.--Subchapter I of chapter 74 is amended by
inserting after section 7404 the following new section:
``Sec. 7404A. Awards
``(a) Superior Accomplishments and Performance Awards Program.--The
Secretary may establish an awards program for personnel listed in
section 7421(b) of this title consistent with chapter 45 of title 5, to
the extent practicable.
``(b) Executive Performance Awards Program.--Notwithstanding
section 7425 of this title or any other provision of law, the Secretary
may establish a performance awards program consistent with section 5384
of title 5 for--
``(1) personnel appointed under section 7401(1) of this
title for a position that the Secretary has determined is of
equivalent rank to a Senior Executive Service position (as such
term is defined in section 3132(a) of title 5) and is subject
to an agency performance management system; and
``(2) personnel appointed under section 7306 or 7401(4) of
this title.
``(c) Payment of Awards.--Awards under this section may be paid
based on criteria established by the Secretary and shall not be
considered in calculating the limitation under section 7431(e)(4) of
this title.
``(d) Not Considered Basic Pay.--Awards under this section shall
not be considered basic pay for any purpose.
``(e) Regulations.--The Secretary may prescribe regulations for the
administration of this section.''.
(2) Limitation on past awards.--Notwithstanding any other
provision of law, awards made by the Secretary of Veterans
Affairs for any period on or after January 1, 2017, and before
the date of the enactment of this Act for an employee under
section 7306 or 7401(4) of title 38, United States Code, or for
a position described in section 7401(1) of such title that the
Secretary has determined is of equivalent rank to a Senior
Executive Service position (as such term is defined in section
3132(a) of title 5, United States Code), may be subject to
section 7404A of title 38, United States Code, as added by
paragraph (1).
(c) Modification of Employees Subject to Regulation by Secretary of
Veterans Affairs of Hours and Conditions of Employment and Leaves of
Absence.--
(1) In general.--Section 7421 is amended--
(A) in subsection (a), by striking ``chapter'' and
inserting ``title''; and
(B) in subsection (b), by adding at the end the
following new paragraph:
``(9) Any position for which the employee is appointed
under section 7306 or 7401(4) of this title.''.
(2) Administration of full-time employees.--Section 7423 is
amended--
(A) in subsection (a)(2), by adding at the end the
following new subparagraph:
``(D) The Secretary may exclude from the requirements of paragraph
(1) employees hired under section 7306 or 7401(4) of this title or for
a position described in section 7401(1) of this title that the
Secretary has determined is of equivalent rank to a Senior Executive
Service position (as such term is defined in section 3132(a) of title
5).''; and
(B) in subsection (e)(1), by striking ``7401(1)''
and inserting ``7421(b)''.
(3) Additional pay authorities.--Section 7410(a) is
amended--
(A) by striking ``The Secretary'' and inserting
``(1) The Secretary'';
(B) by striking ``the personnel described in
paragraph (1) of section 7401 of this title'' and
inserting ``personnel appointed under section 7306 of
this title or section 7401(4) of this title, or
personnel described in section 7401(1) of this
title,'';
(C) by striking ``in the same manner, and subject
to the same limitations, as in the case of'' and
inserting ``in a manner consistent with''; and
(D) by adding at the end the following new
paragraph:
``(2) Payments under paragraph (1) shall not be considered in
calculating the limitation under section 7431(e)(4) of this title.''.
(4) Treatment of pay authority changes.--For the purposes
of the amendments made by paragraph (3), the Secretary of
Veterans Affairs shall treat any award or payment made by the
Secretary between January 1, 2017, and the date of the
enactment of this Act to employees appointed under sections
7306, 7401(1), and 7401(4) of title 38, United States Code,
that the Secretary has determined are of equivalent rank to a
Senior Executive Service position (as such term is defined in
section 3132(a) of title 5, United States Code), as if such
amendments had been in effect at the time of such award or
payment.
(5) Treatment of prior leave balances.--Notwithstanding any
other provision of law, the Secretary may adjust the leave
balance and carryover leave balance of any employee described
in section 7421(b)(9) of title 38, United States Code, as
amended by paragraph (1)(B), to ensure any leave accrued or
carried over before the date of the enactment of this Act
remains available to such employee.
(d) Treatment of Certain Employees as Appointed Under Section
7306.--Section 7306 is amended--
(1) in subsection (a), by redesignating the second
paragraph (11) as paragraph (12); and
(2) by adding at the end the following new subsection:
``(g) For purposes of applying any provision of chapter 74 of this
title, including sections 7404, 7410, and 7421, or any other provision
of law, the Secretary may treat any appointment for a position under
this chapter to be an appointment under this section.''.
(e) Conforming Amendment.--Section 7431(e)(4) is amended by
striking ``In no case'' and inserting ``Except as provided in sections
7404A(c) and 7410(a)(2) of this title, in no case''.
SEC. 9. WAIVER OF PAY LIMITATION FOR CERTAIN EMPLOYEES OF DEPARTMENT OF
VETERANS AFFAIRS.
Subchapter I of chapter 7 is amended by inserting after section 703
the following new section:
``Sec. 704. Waiver of pay limitation for certain employees
``(a) Employees of Veterans Health Administration Impacted by
Closure or Realignment.--Notwithstanding any other provision of law,
the Secretary may waive any annual premium or aggregate limitation on
pay for an employee of the Veterans Health Administration for the
calendar year during which--
``(1) the official duty station of the employee is closed;
or
``(2) the office, facility, activity, or organization of
the employee is realigned.
``(b) Employees Providing Care to Veterans Exposed to Open Burn
Pits.--
``(1) In general.--Notwithstanding any other provision of
law, the Secretary may waive any annual premium or aggregate
limitation on pay for an employee of the Department whose
primary duties include providing expanded care for veterans
exposed to open burn pits.
``(2) Open burn pit defined.--In this subsection, the term
`open burn pit' has the meaning given that term in section
201(c) of the Dignified Burial and Other Veterans' Benefits
Improvement Act of 2012 (Public Law 112-260; 38 U.S.C. 527
note).
``(c) Coordination With Office of Personnel Management.--In
implementing this section, the Secretary shall coordinate with the
Director of the Office of Personnel Management.
``(d) Reports.--
``(1) In general.--For each quarter that the Secretary
waives a limitation under this section, 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 Personnel Management a report on the waiver
or waivers.
``(2) Contents.--Each report submitted under paragraph (1)
with respect to a waiver or waivers shall include the
following:
``(A) Where the waiver or waivers were used,
including in which component of the Department and, as
the case may be, which medical center of the
Department.
``(B) For how many employees the waiver or waivers
were used, disaggregated by component of the Department
and, if applicable, medical center of the Department.
``(C) The average amount by which each payment
exceeded the pay limitation that was waived,
disaggregated by component of the Department and, if
applicable, medical center of the Department.
``(e) Employee Defined.--In this section, the term `employee' means
any employee regardless of the authority under which the employee was
hired.
``(f) Termination.--This section shall terminate on September 30,
2027.''.
SEC. 10. ELIMINATION OF LIMITATION ON AWARDS AND BONUS FOR EMPLOYEES OF
DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Section 705(a) of the Veterans Access, Choice, and
Accountability Act of 2014 (Public Law 113-146; 38 U.S.C. 703 note) is
amended by striking paragraph (3).
(b) Applicability.--Subsection (a) shall take effect on the date of
the enactment of this Act and apply as if such subsection had been
enacted on September 30, 2021.
SEC. 11. ADDITIONAL AUTHORITY OF THE SECRETARY OF VETERANS AFFAIRS
RELATING TO RECRUITMENT AND RETENTION OF PERSONNEL.
Subchapter I of chapter 7 is amended by inserting after section 705
the following new section:
``Sec. 706. Additional authority relating to recruitment and retention
of personnel
``(a) Recruitment and Relocation Bonuses.--The Secretary may pay a
recruitment or relocation bonus under section 5753(e) of title 5
without regard to any requirements for certification or approval under
that section.
``(b) Retention Bonuses.--(1) The Secretary may pay a retention
bonus under section 5754(f) of title 5 without regard to any
requirement for certification or approval under that subsection.
``(2) The Secretary may pay a retention bonus as specified in
subsection (e)(2) of section 5754 of title 5 and may pay the bonus as a
single lump-sum payment at the beginning of the full period of service
required by an agreement under subsection (d) of such section.
``(c) Merit Awards.--The Secretary may grant a cash award under
section 4502(b) of title 5 without regard to any requirement for
certification or approval under that section.
``(d) Incentives for Critical Skills.--(1) Subject to the
provisions of this paragraph, the Secretary may provide a critical
skill incentive to an employee in a case in which the Secretary
determines--
``(A) the employee possesses a high-demand skill or skill
that is at a shortage;
``(B) such skill is directly related to the duties and
responsibilities of the employee's position; and
``(C) employment of an individual with such skill in such
position serves a critical mission-related need of the
Department.
``(2) An incentive provided to an employee under paragraph (1) may
not to exceed 25 percent of the basic pay of the employee.
``(3) Provision of an incentive under paragraph (1) shall be
contingent on the employee entering into a written agreement to
complete a period of employment with the Department.
``(4) An incentive provided under paragraph (1) shall not be
considered basic pay for any purpose.
``(5) The Secretary may prescribe conditions, including with
respect to eligibility, and limitations on provision of incentive under
paragraph (1).
``(6) Incentive provided under paragraph (1) shall not be included
in the calculation of total amount of compensation under section
7431(e)(4) of this title.
``(e) Student Loan Repayments.--(1) Subject to the provisions of
this subsection, the Secretary may repay a student loan pursuant to
section 5379(b) of title 5.
``(2) Paragraph (2) of such section shall not apply to payment
under this subsection.
``(3) Payment under this subsection shall be made subject to such
terms, limitations, or conditions as may be mutually agreed to by the
Secretary and the employee concerned, except that the amount paid by
the Secretary under this subsection may not exceed--
``(A) $40,000 for any employee in any calendar year; or
``(B) a total of $100,000 in the case of any employee.
``(f) Expedited Hiring Authority for College Graduates; Competitive
Service.--(1) Subject to paragraph (2) of this subsection, the
Secretary may expedite hiring for college graduates under section 3115
of title 5 without regard to subsection (e) of such section or any
regulations prescribed by the Office of Personnel Management for
administration of such subsection.
``(2) The number of employees the Secretary may appoint under
section 3115 of title 5 may not exceed the number equal to 25 percent
of individuals that the Secretary appointed during the previous fiscal
year to a position in the competitive service classified in a
professional or administrative occupational category, at the GS-11
level, or an equivalent level, or below, under a competitive examining
procedure.
``(g) Expedited Hiring Authority for Post-secondary Students;
Competitive Service.--(1) Subject to paragraph (2) of this subsection,
the Secretary may expedite hiring of post-secondary students under
section 3116 of title 5, without regard to subsection (d) of such
section or any regulations prescribed by the Office of Personnel
Management for administration of such subsection.
``(2) The number of employees the Secretary may appoint under
section 3116 of title 5 may not exceed the number equal to 25 percent
of the number of students that the Secretary appointed during the
previous fiscal year to a position at the GS-11 level, or an equivalent
level, or below.
``(h) Pay Authority for Critical Positions.--(1) Subject to the
provisions of this subsection, the Secretary may authorize the fixing
of the rate of pay for a critical position in the Department consistent
with the authorities and requirements of section 5377 of title 5 that
apply to the Office of Personnel Management.
``(2) The Secretary may fix the rate of pay for a critical position
under this subsection in excess of the limitation set forth by section
5377(d)(2) of such title.
``(3) Basic pay may not be fixed under this subsection at a rate
greater than the rate payable for the Vice President of the United
States established under section 104 of title 3, except upon written
approval of the President.
``(4) Notwithstanding section 5377(f) of title 5, the Secretary may
authorize the exercise of authority under this subsection with respect
to up to 200 positions at any time.
``(i) Rates of Special Pay.--(1) The Secretary may establish a rate
for special pay under section 5305(a)(1) of title 5.
``(2) In applying such section to the Secretary's authority under
paragraph (1)--
``(A) `50 percent' shall be substituted for `30 percent';
and
``(B) `level II of the Executive Schedule' shall be
substituted for `level IV of the Executive Schedule'.
``(j) Waiver of Limitations on Certain Payments Under Pay
Comparability System.--The Secretary may waive the limitation in
section 5307 of title 5 for an employee or a payment.
``(k) Termination.--The authorities under this section shall
terminate on September 30, 2027.''.
SEC. 12. PRESCRIPTION OF MEDICATION BY HEALTH CARE PROVIDERS OF
DEPARTMENT OF VETERANS AFFAIRS VIA TELEMEDICINE.
Section 1730C is amended--
(1) in the section heading, by inserting ``and
authorization to prescribe controlled substances via
telemedicine'' after ``telemedicine'';
(2) in subsection (a)--
(A) by striking ``Notwithstanding'' and inserting
``(1) Notwithstanding''; and
(B) by adding at the end the following new
paragraph:
``(2)(A) A covered health care professional who is authorized to
dispense controlled substances in the State in which the health care
professional is licensed may prescribe controlled substances through
the use of telemedicine notwithstanding any conflicting requirements
under the Controlled Substances Act (21 U.S.C. 801 et seq.).
``(B) Covered health care professionals dispensing controlled
substances under subparagraph (A) shall be subject to such quality,
control, and safety requirements as the Secretary may establish in
consultation with the Attorney General.''; and
(3) in subsection (e), by striking ``Nothing'' and
inserting ``Except as provided in subsection (a)(2), nothing''.
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