[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4156 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
2d Session
S. 4156
To improve the workforce of the Department of Veterans Affairs, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 5, 2022
Mr. Tester (for himself and Mr. Boozman) introduced the following bill;
which was read twice and referred to the Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To improve 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
Improvement, Support, and Expansion (WISE) Act of 2022''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--TRAINING, RECRUITMENT, AND RETENTION OF HEALTH CARE EMPLOYEES
Sec. 101. National rural recruitment and hiring plan for Veterans
Health Administration.
Sec. 102. Rural health quality and access fellowship program for
Department of Veterans Affairs.
Sec. 103. Authority to buy out service contracts for health care
professionals in exchange for employment at
rural or highly rural facilities of
Department of Veterans Affairs.
Sec. 104. Payment of licensure exam costs for recipients of
scholarships from Department of Veterans
Affairs.
Sec. 105. Improvement of workforce training and team models to meet the
needs of older veterans.
Sec. 106. Qualifications for human resources positions within the
Department of Veterans Affairs and plan to
recruit and retain human resources
employees.
Sec. 107. Study on improving recruitment and retention at community
living centers of Department of Veterans
Affairs.
Sec. 108. Limitation on transfer of directors of medical centers of
Department of Veterans Affairs to different
positions.
TITLE II--ACCOUNTABILITY, OVERSIGHT, AND PERSONNEL MATTERS
Subtitle A--Matters Relating to Pay
Sec. 201. Increased pay cap for directors of medical centers and
Veterans Integrated Service Networks of
Department of Veterans Affairs.
Sec. 202. Waiver of pay limitation for employees of the Veterans Health
Administration performing mission critical
work.
Sec. 203. Elimination of performance pay elements for physicians,
podiatrists, and dentists and elimination
of total compensation cap.
Sec. 204. Increase of maximum amount of incentive pay for Department
pharmacist executives.
Sec. 205. Elimination of pay cap for certain employees of Veterans
Health Administration.
Sec. 206. Modification of special pay authority for nurse executives.
Subtitle B--Improvement of Recruitment and Hiring
Sec. 211. Oversight of direct hire authority and hiring flexibility of
Department of Veterans Affairs.
Sec. 212. Expansion of emergency hiring authorities for Department of
Veterans Affairs.
Sec. 213. Waiver of certain licensure requirements.
Sec. 214. Expansion of opportunities for housekeeping aides.
Subtitle C--Other Personnel Matters
Sec. 221. Expansion of annual leave options for employees of Department
of Veterans Affairs during public health
emergency.
Sec. 222. Expansion of reimbursement of continuing professional
education fees.
Sec. 223. Inclusion of police officers of Department of Veterans
Affairs as law enforcement officers.
Sec. 224. Department of Veterans Affairs personnel transparency.
Sec. 225. Comptroller General report assessing human resources
modernization within Veterans Health
Administration.
TITLE III--ASSISTANCE WITH NATIONAL EMERGENCIES
Sec. 301. Update of web portal to identify veterans who had medical
occupations as members of the Armed Forces.
Sec. 302. Program on provision to States of information on veterans
with medical skills obtained during service
in the Armed Forces.
Sec. 303. Program on training of intermediate care technicians of
Department of Veterans Affairs.
Sec. 304. Notification of opportunities for veterans.
TITLE I--TRAINING, RECRUITMENT, AND RETENTION OF HEALTH CARE EMPLOYEES
SEC. 101. 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. 102. RURAL HEALTH QUALITY AND ACCESS FELLOWSHIP PROGRAM FOR
DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Section 7302 of title 38, United States Code, is
amended by adding at the end the following new subsection:
``(f)(1) In carrying out this section, the Secretary shall
establish a fellowship program, to be known as the Rural Health Quality
and Access Fellowship program, to provide fellowships to health care
professionals at the post-graduate level who serve on a short-term
basis as post-graduate health professions trainees at a rural or highly
rural community-based outpatient clinic or rural or highly rural
medical center of the Department.
``(2) Not less frequently than annually, 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 on the
program under paragraph (1).
``(3) In this subsection:
``(A) The term `health care professional' means an
individual who qualifies as an appointee under section 7402 of
this title.
``(B) 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.''.
(b) Initial Report.--The Secretary of Veterans Affairs shall submit
the initial report required under section 7302(f)(2) of title 38,
United States Code, as added by subsection (a), not later than 18
months after the date of the enactment of this Act.
SEC. 103. AUTHORITY TO BUY OUT SERVICE CONTRACTS FOR 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.--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.
(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.--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.
(g) Definitions.--In this section:
(1) Covered health care professional.--The term ``covered
health care professional'' means a health care professional
offered employment with the Veterans Health Administration
under--
(A) section 7401 of title 38, United States Code;
or
(B) title 5, United States Code.
(2) Rural; highly rural.--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. 104. PAYMENT OF LICENSURE EXAM COSTS FOR RECIPIENTS OF
SCHOLARSHIPS FROM DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--The Secretary of Veterans Affairs shall pay the
costs of any licensing examinations and certifications required by the
Secretary for any current recipient of a covered health professional
scholarship from the Department of Veterans Affairs.
(b) Licensing Examinations and Certifications.--Subsection (a)
shall apply to the payment of costs for--
(1) the United States Medical Licensing Examination Step 1,
Step 2, and Step 3;
(2) the National Council Licensure Exam;
(3) the National Board Dental Examination;
(4) the National Board Dental Hygiene Examination;
(5) the Dental Licensure Objective Structured Clinical
Examination and Integrated National Board Dental Examination;
(6) the National Licensing Exams for Nurse Practitioner and
Certified Registered Nurse Anesthetist; and
(7) such other licensing examinations and certifications as
the Secretary considers appropriate.
(c) Covered Health Professional Scholarship Defined.--In this
section, the term ``covered health professional scholarship'' means--
(1) the Department of Veterans Affairs Health Professional
Scholarship Program under subchapter II of chapter 76 of title
38, United States Code;
(2) the Department of Veterans Affairs Employee Incentive
Scholarship Program under subchapter VI of such chapter,
including--
(A) the National Nursing Education Initiative; and
(B) the VA National Education for Employees
Program;
(3) the Visual Impairment and Orientation and Mobility
Professionals Scholarship Program under chapter 75 of such
title;
(4) the Veterans Healing Veterans Medical Access and
Scholarship Program under section 304 of the VA MISSION Act of
2018 (Public Law 115-182; 38 U.S.C. 7601 note); and
(5) such other programs as the Secretary considers
appropriate.
SEC. 105. IMPROVEMENT OF WORKFORCE TRAINING AND TEAM MODELS TO MEET THE
NEEDS OF OLDER VETERANS.
(a) Rural Geriatrics Team Training.--The Secretary of Veterans
Affairs shall expand the Rural Interdisciplinary Team Training program
of the Department of Veterans Affairs to not fewer than one rural site
in each Veterans Integrated Service Network of the Department and
ensure access at such sites to learning opportunities through the
Geriatric Scholars Program of the Department.
(b) Expansion of Fellowship in Advanced Geriatrics.--The Secretary
shall expand the Fellowship in Advanced Geriatrics program of the
Department to ensure that a fellowship position is required to be
provided under such program in each Geriatric Research, Education, and
Clinical Center of the Department.
(c) Training on Caring for Veterans With Memory Loss.--
(1) In general.--The Secretary shall provide continuing
professional education for primary care providers, community
living center staff, geriatrics and extended care staff, home
health workers, and social workers of the Department on caring
for veterans with Alzheimer's disease and dementia.
(2) Implementation.--The Secretary shall implement the
continuing professional education required under paragraph (1)
in consultation with the Office of Rural Health of the
Department of Veterans Affairs established under section 7308
of title 38, United States Code, in order to ensure equitable
access to learning opportunities for employees of the
Department in rural and highly rural areas.
(d) Expansion of Geriatric Patient Aligned Care Team Model.--
(1) In general.--The Secretary shall expand the Geriatrics
Patient Aligned Care Team model of the Department of Veterans
Affairs--
(A) to every medical center of the Department; and
(B) to any community-based outpatient clinic at
which such expansion is determined by the Secretary to
be feasible and needed.
(2) Waiver of expansion to medical centers.--The Secretary
may waive the application of the requirements under paragraph
(1)(A) with respect to a medical center if the Secretary
determines that the medical center does not have the capacity
or need to implement a Geriatrics Patient Aligned Care Team
model.
(3) Study.--The Secretary shall conduct a study on the
variations in the structure and model consistency of the
Geriatrics Patient Aligned Care Team model throughout the
Department and how those variations impact quality of care and
patient outcomes.
(e) Report to Congress.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, and not less frequently than
annually thereafter for the following five years, 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 on the implementation of this section.
(2) Inclusion of information on waivers.--The Secretary
shall include in the report required by paragraph (1) an
identification of any medical center of the Department in
receipt of a waiver under subsection (d)(2) and the reason for
the waiver.
(f) 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. 106. QUALIFICATIONS FOR HUMAN RESOURCES POSITIONS WITHIN THE
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.
(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. 107. STUDY ON IMPROVING RECRUITMENT AND RETENTION AT COMMUNITY
LIVING CENTERS OF DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Not later than 18 months after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall complete
a study on barriers to hiring and retaining staff at community living
centers of the Department of Veterans Affairs and best practices for
improving recruitment and retention of such staff, with an emphasis on
nursing staff.
(b) Report to Congress.--Not later than 180 days after completion
of the study under subsection (a), 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--
(1) summarizing key findings with respect to barriers to
hiring and retaining staff at community living centers of the
Department and best practices for improving recruitment and
retention of such staff, including any barriers or best
practices specific to rural areas; and
(2) including recommendations for such administrative
action as the Secretary considers appropriate.
SEC. 108. LIMITATION ON TRANSFER OF DIRECTORS OF MEDICAL CENTERS OF
DEPARTMENT OF VETERANS AFFAIRS TO DIFFERENT POSITIONS.
(a) Notification.--Not later than 90 days after transferring a
director of a medical center of the Department of Veterans Affairs to a
different position within the Department, the Secretary of Veterans
Affairs shall notify the Committee on Veterans' Affairs of the Senate
and the Committee on Veterans' Affairs of the House of Representatives
of such transfer.
(b) Return to Position or Removal.--Not later than 180 days after
transferring a director of a medical center of the Department of
Veterans Affairs to a different position within the Department, the
Secretary shall--
(1) return the individual to the position as director of
the medical center; or
(2) remove the individual from the position as director of
the medical center and begin the process of hiring a new
director for such position.
TITLE II--ACCOUNTABILITY, OVERSIGHT, AND PERSONNEL MATTERS
Subtitle A--Matters Relating to Pay
SEC. 201. INCREASED PAY CAP FOR DIRECTORS OF MEDICAL CENTERS AND
VETERANS INTEGRATED SERVICE NETWORKS OF DEPARTMENT OF
VETERANS AFFAIRS.
(a) Increased Pay Cap.--
(1) In general.--Subchapter III of chapter 74 of title 38,
United States Code, is amended by adding at the end the
following new section:
``Sec. 7434. Pay for directors of medical centers and directors of
Veterans Integrated Service Networks
``(a) Performance Management.--The Secretary shall prescribe a
performance management and awards system for employees appointed under
section 7401(4) of this title that ensures performance ratings and
awards meaningfully differentiate extraordinary from satisfactory
contributions and substantively reflect organizational achievements
over which the employee has responsibility and control.
``(b) Market Rate of Pay.--(1) The annual amount of the market rate
of pay for an employee appointed under section 7401(4) of this title--
``(A) shall be determined by the Secretary on a case-by-
case basis; and
``(B) shall take into account--
``(i) the level of experience of the employee in
managing facilities or programs of the Department or
other similar agencies or companies, whether
governmental or nongovernmental;
``(ii) the complexity of the assignment of the
employee, whether assigned or to be assigned;
``(iii) the labor market for individuals in similar
positions, which may cover any geographic area the
Secretary considers appropriate;
``(iv) the experience of the employee in performing
the assignment of the employee, whether assigned or to
be assigned; and
``(v) such other considerations as the Secretary
considers appropriate.
``(2) Market rate of pay provided under this subsection shall
reflect the recruitment and retention needs of the Department for the
assignment of a particular director in a facility or network of the
Department.
``(3)(A) The market rate of pay provided under this subsection
shall be evaluated by the Secretary not less frequently than once every
two years.
``(B) The market rate of pay of an employee may be adjusted as the
result of an evaluation under subparagraph (A).
``(C) An employee whose market rate of pay is evaluated under
subparagraph (A) shall receive written notice of the results of such
evaluation.
``(c) Requirements and Limitations on Total Pay.--(1) Not less
frequently than once every two years, the Secretary shall prescribe for
applicability throughout the Department the minimum and maximum amounts
for a market rate of pay that may be paid under subsection (b).
``(2) Amounts prescribed under paragraph (1) shall be published in
the Federal Register and shall take effect not earlier than 60 days
after the date of publication.
``(3) In no case may the total market rate of pay provided under
subsection (b) exceed the amount of annual compensation (excluding
expenses) specified in section 102 of title 3.
``(4) No adjustment of the market rate of pay under subsection
(b)(3)(B) may result in a reduction of the amount of the market rate of
pay of a director while in the same position or assignment at the same
location.
``(d) Treatment of Pay.--(1) Pay under subsection (b) shall be
considered pay for all purposes, including retirement benefits under
chapters 83 and 84 of title 5 and other benefits.
``(2) An individual receiving pay under subsection (b) may not
receive a cost-of-living allowance under section 5941 of title 5.
``(e) Annual Report.--Not later than one year after the date of the
VA Workforce Improvement, Support, and Expansion (WISE) Act of 2022,
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 on the implementation by the
Secretary of the requirements under this section.''.
(2) Clerical amendment.--The table of sections at the
beginning of such subchapter is amended by inserting after the
item relating to section 7433 the following new item:
``7434. Pay for directors of medical centers and directors of Veterans
Integrated Service Networks.''.
(b) Conforming Amendments.--Section 7404(a)(1) of title 38, United
States Code, is amended--
(1) in subparagraph (A)--
(A) by striking ``(A) The annual'' and inserting
``The annual''; and
(B) by striking ``and 7401(4)''; and
(2) by striking subparagraph (B).
SEC. 202. WAIVER OF PAY LIMITATION FOR EMPLOYEES OF THE VETERANS HEALTH
ADMINISTRATION PERFORMING MISSION CRITICAL WORK.
(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. 7414. Waiver of pay limitation for employees performing mission
critical work
``(a) In General.--Notwithstanding any other provision of law, the
Secretary may waive any limitation on pay for an employee of the
Veterans Health Administration who is performing mission critical work.
``(b) Authority.--The Secretary shall prescribe regulations for the
administration of this section.
``(c) Employee of the Veterans Health Administration Defined.--In
this section, the term ``employee of the Veterans Health
Administration' includes any employee of the Veterans Health
Administration, regardless of the authority under which the employee
was hired.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by inserting after the item relating to
section 7413 the following new item:
``7414. Waiver of pay limitation for employees performing mission
critical work.''.
SEC. 203. ELIMINATION OF PERFORMANCE PAY ELEMENTS FOR PHYSICIANS,
PODIATRISTS, AND DENTISTS AND ELIMINATION OF TOTAL
COMPENSATION CAP.
Section 7431 of title 38, United States Code, is amended--
(1) by striking subsection (a)(1);
(2) by striking subsection (d);
(3) by redesignating subsections (e) through (h) as
subsections (d) through (g), respectively;
(4) in subsection (d), as redesignated by paragraph (3), by
striking paragraph (4); and
(5) in subsection (g), as redesignated by paragraph (3), by
striking ``responsibility of the Secretary under subsection
(c), (d), or (e) except for the responsibilities of the
Secretary under subsection (e)(1)'' and inserting
``responsibility of the Secretary under subsection (c) or (d)
except for the responsibilities of the Secretary under
subsection (d)(1)''.
SEC. 204. INCREASE OF MAXIMUM AMOUNT OF INCENTIVE PAY FOR DEPARTMENT
PHARMACIST EXECUTIVES.
Section 7410(b)(1) of title 38, United States Code, is amended by
striking ``$40,000'' and inserting ``$75,000''.
SEC. 205. ELIMINATION OF PAY CAP FOR CERTAIN EMPLOYEES OF VETERANS
HEALTH ADMINISTRATION.
Section 7455(c) of title 38, United States Code, is amended--
(1) in paragraph (1), by striking ``(1) Subject to
paragraph (2), the amount'' and inserting ``The amount''; and
(2) by striking paragraph (2).
SEC. 206. MODIFICATION OF SPECIAL PAY AUTHORITY FOR NURSE EXECUTIVES.
Section 7452(g) of title 38, United States Code, is amended--
(1) in paragraph (1), in the matter preceding subparagraph
(A), by inserting ``authorize the Under Secretary for Health
to'' before ``pay special pay''; and
(2) by adding at the end the following new paragraph:
``(5) The Under Secretary for Health shall define through
regulations which positions of the Veterans Health Administration
qualify as nurse executives for purposes of special pay under paragraph
(1).''.
Subtitle B--Improvement of Recruitment and Hiring
SEC. 211. OVERSIGHT OF DIRECT HIRE AUTHORITY AND HIRING FLEXIBILITY OF
DEPARTMENT OF VETERANS AFFAIRS.
Not later than two years after the date of the enactment of this
Act, the Inspector General of the Department of Veterans Affairs shall
conduct a study and publish a report on--
(1) the use of direct hire authority by the Department;
(2) the contributions made by the use of such authority to
filling vacancies within the Department; and
(3) any vulnerabilities or inconsistencies with respect to
the use of such authority.
SEC. 212. EXPANSION OF EMERGENCY HIRING AUTHORITIES FOR DEPARTMENT OF
VETERANS AFFAIRS.
Section 7405 of title 38, United States Code, is amended--
(1) in subsection (c)--
(A) in paragraph (2), in the matter preceding
subparagraph (A), by striking ``A temporary'' and
inserting ``Except as provided in paragraph (5), a
temporary''; and
(B) by adding at the end the following new
paragraph:
``(5) During a public health emergency, national emergency,
domestic emergency, or other emergency as determined by the Secretary,
appointments under paragraph (2) may be extended by the Secretary for
additional one-year periods.''; and
(2) by adding at the end the following:
``(h)(1) If the Secretary declares an emergency or crisis of
veteran care or other operational impediment that the Secretary
determines will cause significant disruption to veteran care or the
Secretary identifies a significant need to employ personnel on a
temporary basis in response to a national emergency declared under any
provision of law, the Secretary may employ personnel under subsection
(a)(1) to support the emergency, crisis, or impediment.
``(2) The Secretary shall submit to Congress in writing any
declaration or identification made by the Secretary under paragraph
(1), which shall include an identification of the approximate end date
of the emergency, crisis, or impediment.
``(3) The authority to employ personnel under this subsection shall
continue throughout the period covered by the declaration concerned.
``(4) Personnel in positions of a confidential or policy-
determining character are excluded from employment under this
subsection.''.
SEC. 213. WAIVER OF CERTAIN LICENSURE REQUIREMENTS.
(a) Psychologists.--Paragraph (8)(C) of section 7402(b) of title
38, United States Code, is amended--
(1) by striking ``individual psychologist for a period''
and inserting ``individual psychologist--
``(i) for a period'';
(2) by striking the period at the end and inserting ``;
or''; and
(3) by adding at the end the following new clause:
``(ii) for a reasonable period recommended
by the Under Secretary for Health, not to
exceed four years, during a public health
emergency declared by the President, the
Secretary of Health and Human Services, or such
other authority as specified by the
Secretary.''.
(b) Licensed Professional Mental Health Counselor.--Paragraph
(11)(B) of such section is amended by striking the period at the end
and inserting ``, except that the Secretary may waive the requirement
of licensure or certification for an individual professional mental
health counselor to permit a reasonable period of time for the
counselor to be licensed or certified, as the case may be, on the
condition that the counselor--
``(i) provide patient care only under the
direct supervision of a licensed mental health
provider; and
``(ii) work toward such licensure or
certification, as the case may be.''.
SEC. 214. 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''.
Subtitle C--Other Personnel Matters
SEC. 221. EXPANSION OF ANNUAL LEAVE OPTIONS FOR EMPLOYEES OF DEPARTMENT
OF VETERANS AFFAIRS DURING PUBLIC HEALTH EMERGENCY.
(a) In General.--Notwithstanding any other provision of law, the
Secretary of Veterans Affairs shall waive all annual leave ceilings for
employees of the Department of Veterans Affairs during the period
beginning on January 1, 2022, and ending on December 31, 2026, allowing
all unused, accrued annual leave to be carried over from any year in
the period to any subsequent year in the period.
(b) Leave in Excess of Ceiling.--At the end of December 31, 2026,
all unused, accrued annual leave in excess of the ceiling pursuant to
subsection (a) shall be forfeited.
SEC. 222. EXPANSION OF REIMBURSEMENT OF CONTINUING PROFESSIONAL
EDUCATION FEES.
Section 7411 of title 38, United States Code, is amended by
striking ``physician or dentist'' and inserting ``physician, board-
certified dentist, advanced practice registered nurse, or physician
assistant''.
SEC. 223. INCLUSION OF POLICE OFFICERS OF DEPARTMENT OF VETERANS
AFFAIRS AS LAW ENFORCEMENT OFFICERS.
Title 5, United States Code, is amended--
(1) in section 8331(20), by inserting ``and an employee of
the Department of Veterans Affairs who is a Department police
officer under section 902 of title 38'' after ``supervisory or
administrative position''; and
(2) in section 8401(17)--
(A) in subparagraph (C), by striking ``and'' at the
end;
(B) in the flush text following subparagraph
(D)(iii), by adding ``and'' at the end; and
(C) by adding at the end the following:
``(E) an employee of the Department of Veterans
Affairs who is a Department police officer under
section 902 of title 38;''.
SEC. 224. DEPARTMENT OF VETERANS AFFAIRS PERSONNEL TRANSPARENCY.
(a) Publication of Staffing and Vacancies.--
(1) Website required.--Subject to paragraph (2) and not
later than 90 days after the date of the enactment of this Act,
the Secretary of Veterans Affairs shall make publicly available
on an internet website of the Department of Veterans Affairs
the following information:
(A) The number of personnel encumbering positions.
(B) The number of accessions and separation actions
processed during the quarter preceding the date of the
publication of the information.
(C) The number of vacancies, by occupation.
(D) The number of vacancies removed.
(E) The percentage of new hires for the Department
who were hired within the time-to-hire target of the
Office of Personnel Management, disaggregated by
internal hires and external hires.
(2) Exceptions.--The Secretary may withhold from
publication under paragraph (1) information relating to law
enforcement, information security, or such positions in the
Department that the Secretary determines to be sensitive.
(3) Update of information.--The Secretary shall update the
information on the website required under paragraph (1) on a
quarterly basis.
(4) Treatment of contractor positions.--Any Department
position that is filled with a contractor may not be treated as
a Department position for purposes of the information required
to be published under paragraph (1).
(5) Inspector general review.--On a semiannual basis, the
Inspector General of the Department shall review the
administration of the website required by paragraph (1) and
make recommendations relating to the improvement of such
administration.
(b) Report to Congress.--
(1) In general.--Each year, the Secretary shall submit to
Congress an annual report on the actions the Department is
taking to achieve full staffing capacity.
(2) Contents.--Each report submitted under paragraph (1)
shall include the following:
(A) An estimate of the amount of additional funds
necessary to enable the Department to reach full
staffing capacity.
(B) Such recommendations for legislative or
administrative action as the Secretary may have to
achieve full staffing capacity at the Department.
SEC. 225. COMPTROLLER GENERAL REPORT ASSESSING HUMAN RESOURCES
MODERNIZATION WITHIN VETERANS HEALTH ADMINISTRATION.
(a) In General.--Not later than 18 months after the date of the
enactment of this Act, 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 on human resources modernization conducted by the Veterans
Health Administration (in this section referred to as the
``Administration'').
(b) Elements.--The report required by subsection (a) shall include
an assessment of the following:
(1) The Human Resources Modernization Program (referred to
in this subsection as the ``Program'') of the Administration,
including an assessment of the activities carried out under the
Program and the results of those activities.
(2) The performance, accuracy, efficiency, and transparency
of the human resources information technology systems of the
Administration for human resources professionals, managers with
hiring authority, and other employees of the Administration
using those systems to recruit and retain the workforce of the
Administration.
(3) Metrics used to report hiring and vacancy data within
the Administration, including recruitment, hiring, and
retention data for mission critical occupations.
(4) Trends in the hiring and vacancies among employees of
the Administration with mission critical occupations, as
determined by the Secretary of Veterans Affairs, during the
five-year period preceding the date of the enactment of this
Act.
(5) The use by the Administration of hiring flexibilities,
including direct hire authority, and waivers during the five-
year period preceding the date of the enactment of this Act,
including--
(A) an assessment of the standardization of use of
such authorities and waivers within Veterans Integrated
Service Networks of the Department of Veterans Affairs;
and
(B) the number and employee category of employees
of the Administration hired under each such authority
or waiver.
(6) Training and development of human resources
professionals of the Administration, including--
(A) feedback from managers with hiring authority;
and
(B) feedback on such training from individuals
receiving the training and individuals providing the
training.
(7) Such other matters as the Comptroller General considers
relevant.
TITLE III--ASSISTANCE WITH NATIONAL EMERGENCIES
SEC. 301. UPDATE OF WEB PORTAL TO IDENTIFY VETERANS WHO HAD MEDICAL
OCCUPATIONS AS MEMBERS OF THE ARMED FORCES.
(a) In General.--The Secretary of Veterans Affairs shall update
existing web portals of the Department of Veterans Affairs to allow the
identification of veterans who had a medical occupation as a member of
the Armed Forces.
(b) Information in Portal.--
(1) In general.--An update to a portal under subsection (a)
shall allow a veteran to elect to provide the following
information:
(A) Contact information for the veteran.
(B) A history of the medical experience and trained
competencies of the veteran.
(2) Inclusions in history.--To the extent practicable,
histories provided under paragraph (1)(B) shall include
individual critical task lists specific to military
occupational specialties that align with existing standard
occupational codes maintained by the Bureau of Labor
Statistics.
SEC. 302. PROGRAM ON PROVISION TO STATES OF INFORMATION ON VETERANS
WITH MEDICAL SKILLS OBTAINED DURING SERVICE IN THE ARMED
FORCES.
(a) In General.--For purposes of facilitating civilian medical
credentialing and hiring opportunities for veterans seeking to respond
to a national emergency, including a public health emergency declared
by the Secretary of Health and Human Services under section 319 of the
Public Health Service Act (42 U.S.C. 247d), the Secretary of Veterans
Affairs, in coordination with the Secretary of Defense and the
Secretary of Labor, shall establish a program to share information
specified in section 301(b)(1) with the following:
(1) State departments of veterans affairs.
(2) State credentialing bodies.
(3) State homes.
(4) Other stakeholders involved in State-level
credentialing, as determined appropriate by the Secretary of
Veterans Affairs.
(b) State Home Defined.--In this section, the term ``State home''
has the meaning given that term in section 101(19) of title 38, United
States Code.
SEC. 303. PROGRAM ON TRAINING OF INTERMEDIATE CARE TECHNICIANS OF
DEPARTMENT OF VETERANS AFFAIRS.
(a) Establishment.--The Secretary of Veterans Affairs shall
implement a program to train covered veterans to work as intermediate
care technicians of the Department of Veterans Affairs.
(b) Locations.--The Secretary may place an intermediate care
technician trained under the program under subsection (a) at any
medical center of the Department, giving priority to a location with a
significant staffing shortage.
(c) Inclusion of Information in Transition Assistance Program.--As
part of the Transition Assistance Program under sections 1142 and 1144
of title 10, United States Code, the Secretary shall prepare a
communications campaign to convey opportunities for training,
certification, and employment under the program under subsection (a) to
appropriate members of the Armed Forces separating from active duty.
(d) Report on Expansion of Program.--Not later than 180 days after
the date of the enactment of this Act, 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 on whether
the program under this section could be replicated for other medical
positions within the Department.
(e) Covered Veteran Defined.--In this section, the term ``covered
veteran'' means a veteran whom the Secretary determines served or is
serving as an allied health professional (such as a combat medic,
medical technician, corpsman, or basic health care technician) while
serving in the Armed Forces.
SEC. 304. NOTIFICATION OF OPPORTUNITIES FOR VETERANS.
(a) In General.--The Secretary of Veterans Affairs shall notify
veterans service organizations, such other stakeholders as the
Secretary considers appropriate, and, in coordination with the
Secretary of Defense, members of the reserve components of the Armed
Forces of opportunities for veterans under this title.
(b) Veterans Service Organization Defined.--In this section, the
term ``veterans service organization'' means any organization
recognized by the Secretary of Veterans Affairs for the representation
of veterans under section 5902 of title 38, United States Code.
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