[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 10 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 10
To improve the workforce of the Department of Veterans Affairs, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 23 (legislative day, January 3), 2023
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 Clinician
Appreciation, Recruitment, Education, Expansion, and Retention Support
(CAREERS) Act of 2023''.
(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. Payment of licensure exam costs for recipients of
scholarships from Department of Veterans
Affairs.
Sec. 102. Improvement of workforce training and team models to meet the
needs of older veterans.
Sec. 103. Study on improving recruitment and retention at community
living centers of Department of Veterans
Affairs.
Sec. 104. Limitation on detail 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. Modification of pay limitation for physicians, podiatrists,
optometrists, and dentists of Department of
Veterans Affairs.
Sec. 202. Increased pay cap for directors of medical centers and
Veterans Integrated Service Networks of
Department of Veterans Affairs.
Sec. 203. Waiver of pay limitation for employees of the Veterans Health
Administration performing mission critical
work.
Sec. 204. Increase of maximum amount of incentive pay for Department
pharmacist executives.
Sec. 205. 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. Waiver of certain licensure requirements.
Subtitle C--Other Personnel Matters
Sec. 221. Role of optometrists in Department of Veterans Affairs.
Sec. 222. Expansion of annual leave options for employees of Department
of Veterans Affairs during public health
emergency.
Sec. 223. Expansion of reimbursement of continuing professional
education expenses.
Sec. 224. Inclusion of police officers of Department of Veterans
Affairs as law enforcement officers.
Sec. 225. Department of Veterans Affairs personnel transparency.
Sec. 226. Comptroller General report assessing human resources
modernization within Veterans Health
Administration.
TITLE I--TRAINING, RECRUITMENT, AND RETENTION OF HEALTH CARE EMPLOYEES
SEC. 101. 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 Registered Nurses,
Nurse Practitioners, and Certified Registered Nurse
Anesthetists;
(7) the American Podiatric Medical Licensing Exam;
(8) the National Board of Examiners in Optometry Exam;
(9) the Physician Assistant National Certification Exam;
(10) the Examination for Professional Practice in
Psychology;
(11) the Academy for Certification of Vision Rehabilitation
and Education Professionals certification examinations;
(12) the Association of Social Workers Boards Exam; and
(13) such other licensing examinations and certifications
as the Secretary considers appropriate.
(c) Report to Congress.--Not later than one year after the date of
the enactment of this Act, and not less frequently than 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 of this section
that includes the following data for each State and territory of the
United States for the one-year period preceding the date of the report:
(1) Utilization by the Secretary of the requirement under
subsection (a) broken down by position and career type.
(2) Number of times each examination or certification
described in subsection (b) was paid for by the Department and
total funds expended by the Department for each such
examination or certification.
(d) 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 Department of Veterans Affairs Readjustment
Counseling Service Scholarship Program under subchapter IX of
such chapter;
(4) the Visual Impairment and Orientation and Mobility
Professionals Scholarship Program under chapter 75 of such
title;
(5) 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);
(6) the Physician Assistant Education and Training Pilot
Program for Former Members of The Armed Forces under section
246 of division J of the Consolidated Appropriations Act of
2018 (Public Law 115-141; 38 U.S.C. 7601 note); and
(7) such other programs as the Secretary considers
appropriate.
SEC. 102. 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) Training on Caring for Veterans With Memory Loss.--
(1) In general.--The Secretary shall provide continuing
professional education for clinical staff of the Department who
provide care 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.
(c) Expansion of Geriatric Patient Aligned Care Team Model and
Geriatric and Palliative Specialty Services.--
(1) In general.--The Secretary shall expand the Geriatrics
Patient Aligned Care Team model and the geriatric and
palliative specialty services of the Department of Veterans
Affairs--
(A) to every medical center of the Department;
(B) to any community-based outpatient clinic at
which such expansion is determined by the Secretary to
be feasible and needed; and
(C) to provide access to all veterans that need
those services, including through implementing
Geriatric and Palliative Specialty Consultative
Clinical Resource Hubs to meet the needs of the aging
veteran population.
(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 or to provide geriatric and palliative specialty
services, as the case may be.
(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 and delivery and
utilization of geriatric and palliative care throughout the
Department and how those variations impact quality of care and
patient outcomes.
(d) Report to Congress.--
(1) In general.--Not later than two years 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 (c)(2) and the reason for
the waiver.
(e) Definitions.--In this section, the terms ``rural'' and ``highly
rural'' have the meanings given those terms under the Rural-Urban
Commuting Areas (RUCA) coding system of the Department of Agriculture.
SEC. 103. STUDY ON IMPROVING RECRUITMENT AND RETENTION AT COMMUNITY
LIVING CENTERS OF DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Not later than two years 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. 104. LIMITATION ON DETAIL OF DIRECTORS OF MEDICAL CENTERS OF
DEPARTMENT OF VETERANS AFFAIRS TO DIFFERENT POSITIONS.
(a) Notification.--
(1) In general.--Not later than 90 days after detailing 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 detail.
(2) Matters to be included.--The notification required by
paragraph (1) shall include, with respect to a director of a
medical center who is detailed to a different position within
the Department, the following information:
(A) The location at which the director is detailed.
(B) The position title of the detail.
(C) The estimated time the director is expected to
be absent from their duties at the medical center.
(D) Such other information as the Secretary may
determine appropriate.
(b) Appointment of Acting Director.--Not later than 120 days after
detailing a director of a medical center of the Department to a
different position within the Department, the Secretary shall appoint
an individual as acting director of such medical center with all of the
authority and responsibilities of the detailed director.
(c) Update on Detail.--Not later than 120 days after detailing a
director of a medical center of the Department to a different position
within the Department, and not less frequently than every 30 days
thereafter while the detail is in effect or while the director position
at the medical center is vacant, the Secretary shall submit to the
Committee on Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives an update regarding
the status of the detail.
(d) Return to Position or Reassignment.--
(1) In general.--Except as provided in paragraph (2), not
later than 180 days after detailing a director of a medical
center of the Department to a different position within the
Department, for a reason other than an ongoing investigation or
administrative action with respect to the director, the
Secretary shall--
(A) return the individual to the position as
director of the medical center; or
(B) reassign the individual from the position as
director of the medical center and begin the process of
hiring a new director for such position.
(2) Waiver.--
(A) In general.--The Secretary may waive the
requirement under paragraph (1) with respect to an
individual for successive 90-day increments for a total
period of not more than 540 days from the original date
the individual was detailed away from their position as
director of a medical center.
(B) Notification.--Not later than 30 days after
exercising a waiver under subparagraph (A), the
Secretary shall notify Congress of the waiver and
provide to Congress information as to why the waiver is
necessary.
TITLE II--ACCOUNTABILITY, OVERSIGHT, AND PERSONNEL MATTERS
Subtitle A--Matters Relating to Pay
SEC. 201. MODIFICATION OF PAY LIMITATION FOR PHYSICIANS, PODIATRISTS,
OPTOMETRISTS, AND DENTISTS OF DEPARTMENT OF VETERANS
AFFAIRS.
(a) Market Pay.--
(1) In general.--Section 7431 of title 38, United States
Code, is amended--
(A) by striking subsections (a), (b), and (d);
(B) by redesignating subsections (c), (e), (f),
(g), and (h) as subsections (a), (b), (c), (d), and
(e), respectively;
(C) by inserting ``optometrists,'' after
``podiatrists,'' each place it appears;
(D) by inserting ``optometrist'' after
``podiatrist,'' each place it appears;
(E) in subsection (a), as redesignated by
subparagraph (B), in the matter preceding paragraph
(1), by striking ``One element of pay for physicians,
podiatrists, and dentists shall be base pay. Base pay
shall meet the following requirements:'' and inserting
``Pay of physicians, podiatrists, optometrists, and
dentists in the Veterans Health Administration shall
consist of base pay, which shall meet the following
requirements:'';
(F) in subsection (b), as so redesignated--
(i) in the subsection heading, by striking
``Total'' and inserting ``Market'';
(ii) in paragraph (1)(A)--
(I) by striking ``annual'' each
place it appears and inserting
``market''; and
(II) by inserting ``,
optometrists,'' after ``podiatrists'';
(iii) by striking paragraphs (2) and (3);
(iv) by redesignating paragraph (4) as
paragraph (2);
(v) in paragraph (2), as redesignated by
clause (iv), by striking ``Except as provided
in sections 7404A(c) and 7410(a)(2) of this
title, in no case may the total amount of
compensation'' and inserting ``The total amount
of market pay under subsection (a)'';
(vi) by inserting ``may not'' before
``exceed''; and
(vii) by adding at the end the following
new paragraphs:
``(3) Notwithstanding any compensation or pay limitations under
this title or title 5, the Secretary may authorize the Under Secretary
for Health to pay physicians, podiatrists, and dentists--
``(A) awards authorized under this title;
``(B) advance payments, recruitment or relocation bonuses,
and retention allowances authorized under section 7410(a) of
this title or as otherwise provided by law;
``(C) incentives or bonuses under section 706 of this title
or as otherwise provided by law; and
``(D) earnings from fee-basis appointments under section
7405(a)(2) of this title.
``(4)(A) The Secretary may waive any pay limitation described in
this section (to include tier limitations) if the Secretary determines
it is necessary for the recruitment or retention of critical health
care personnel, as determined by the Secretary.
``(B) The Secretary may prescribe requirements, limitations, and
other considerations for waivers under subparagraph (A).'';
(G) in subsection (c), as so redesignated, by
striking ``subsections (b) and (c) of'';
(H) in subsection (d), as so redesignated--
(i) in paragraph (1), by striking
``subsection (c)'' and inserting ``subsection
(a)''; and
(ii) by adding at the end the following new
paragraph:
``(3) An individual receiving market pay under subsection (a) may
not receive a non-foreign cost of living allowance under section 5941
of title 5.''; and
(I) in subsection (e), as so redesignated, by
striking ``subsection (c), (d), or (e) except for the
responsibilities of the Secretary under subsection
(e)(1)'' and inserting ``subsections (a) or (b) except
for the responsibilities of the Secretary under
subsection (b)(1)''.
(2) Conforming amendments.--
(A) Incentives for recruitment.--Section 706(d)(6)
of title 38, United States Code, is amended by striking
``total amount of compensation under section
7431(e)(4)'' and inserting ``total amount of market pay
under section 7431''.
(B) Awards.--Section 7404A(c) of such title is
amended by striking ``the limitation under section
7431(e)(4)'' and inserting ``a limitation under section
7431''.
(C) Additional pay authorities.--Section 7410(a)(2)
of such title is amended by striking ``the limitation
under section 7431(e)(4)'' and inserting ``a limitation
under section 7431''.
(D) Pay of under secretary for health.--Section
7432(b)(1) of such title is amended--
(i) by inserting ``, podiatrist,
optometrist,'' after ``physician''; and
(ii) by striking ``7431(c)'' and inserting
``7431''.
(E) Administrative matters.--Section 7433 of such
title is amended by inserting ``optometrists,'' after
``physicians,'' each place it appears.
(F) Competitive pay.--Section 7451(a)(2)(C) of such
title is amended by inserting ``optometrist,'' after
``physician,''.
(G) Compensation and professional standards for
certain medical officers.--Section 27(b) of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 3528(b)) is
amended by striking ``section 7431(e)(1)(C)'' and
inserting ``section 7431(b)(1)(C)''.
(3) Clerical amendments.--
(A) Section heading.--
(i) In general.--The heading for section
7431 of title 38, United States Code is amended
to read as follows:
``Sec. 7431. Market pay''.
(ii) Table of sections.--The table of
sections at the beginning of subchapter III of
chapter 74 of title 38, United States Code, is
amended by striking the item relating to
section 7431 and inserting the following new
item:
``7431. Market pay.''.
(B) Subchapter heading.--
(i) In general.--The heading for subchapter
III of chapter 74 of such title is amended to
read as follows:
``Subchapter III--Pay for Physicians and Other Health-care Personnel''.
(ii) Table of sections.--The table of
sections at the beginning of chapter 74 of such
title is amended by striking the item relating
to subchapter III and inserting the following
new item:
``subchapter iii--pay for physicians and other health-care
personnel''.
(4) Application.--
(A) In general.--The amendments made by this
subsection shall apply to any pay period of the
Department of Veterans Affairs beginning on or after
the date that is 30 days after the date of the
enactment of this Act.
(B) Performance pay for year of enactment.--The
Secretary of Veterans Affairs may pay performance pay
under section 7431(d) of title 38, United States Code,
as in effect on the day before the date of the
enactment of this Act, for the calendar year in which
this Act is enacted.
(b) Modification and Clarification of Pay Grade for Optometrists.--
Section 7404 of such title is amended--
(1) in subsection (a)(2)(A), by striking ``podiatrists, and
dentists'' and inserting ``podiatrists, optometrists, and
dentists''; and
(2) in the list in subsection (b)--
(A) by striking ``PODIATRIST (DPM), AND DENTIST''
and inserting ``PODIATRIST (DPM), OPTOMETRIST (OD), AND
DENTIST''; and
(B) by striking ``CLINICAL CHIROPRACTOR AND
OPTOMETRIST SCHEDULE,'' and inserting ``CLINICAL
CHIROPRACTOR SCHEDULE''.
(c) Retroactive Authority for Compensation.--
(1) In general.--The Secretary of Veterans Affairs is
retroactively authorized to pay to a covered employee the
amount of compensation that was authorized to be paid to the
employee during the period specified in paragraph (2) but was
deferred and paid to the employee in the calendar year
following the calendar year in which it was authorized to be
paid because it exceeded $400,000 in a calendar year.
(2) Period specified.--The period specified in this
paragraph is the period beginning on January 8, 2006, and
ending on December 31, 2017.
(3) Additional period.--Compensation authorized under this
subsection shall not be included in the calculation of any
aggregate limit on compensation for a covered employee for the
year in which it is paid.
(4) Charging of compensation.--Compensation authorized
under this subsection shall be charged to the appropriate
medical care appropriation account of the Department of
Veterans Affairs for the fiscal year in which the work was
performed except as follows:
(A) In the case of an account that has closed
pursuant to section 1552 of title 31, United States
Code, the compensation shall be charged to a current
appropriation account in accordance with section 1553
of such title.
(B) In the case of an expired account that has not
closed, if charging the compensation to the expired
account would cause such account to have a negative
unliquidated or unexpended balance, the compensation
may be charged to a current appropriation account
available for the same purpose.
(5) Definitions.--In this subsection:
(A) Compensation.--The term ``compensation'' means
any pay, including salary, awards, and incentives.
(B) Covered employee.--The term ``covered
employee'' means a physician, podiatrist, optometrist,
or dentist subject to market pay under section 7431 of
title 38, United States Code, as amended by subsection
(a).
SEC. 202. 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 I of chapter 74 of title 38,
United States Code, is amended by adding at the end the
following new section:
``Sec. 7414. Pay for directors of medical centers and directors of
Veterans Integrated Service Networks
``(a) In General.--To reflect the recruitment and retention needs
of the Department for the assignment of a particular director in a
medical center or Veterans Integrated Service Network of the
Department, the Secretary shall prescribe a system of pay for
individuals appointed under section 7401(4) of this title.
``(b) Market Pay.--
``(1) In general.--The annual amount of the market rate of
pay of an individual 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
individual 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 individual, 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 individual in
performing the assignment of the individual,
whether assigned or to be assigned; and
``(v) such other considerations as the
Secretary considers appropriate.
``(2) Evaluation and adjustment.--
``(A) In general.--The market rate of pay provided
under this subsection shall be evaluated by the
Secretary not less frequently than once every two
years.
``(B) Adjustment.--The market rate of pay of an
individual may be adjusted as the result of an
evaluation under subparagraph (A).
``(C) Notice of results.--An individual 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) Minimum and maximum amounts.--
``(A) In general.--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).
``(B) Publication and effective date of amounts.--
Amounts prescribed under subparagraph (A) shall be
published in the Federal Register and shall take effect
not earlier than 60 days after the date of publication.
``(C) Maximum.--
``(i) In general.--Except as provided in
clause (ii), 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.
``(ii) Waiver.--The Secretary may waive the
limitation under clause (i) (to include tier
limitations) if the Secretary determines it is
necessary for the recruitment or retention of
critical health care personnel, as determined
by the Secretary.
``(2) Limitation on reduction.--No adjustment of the market
rate of pay under subsection (b)(2)(B) may result in a
reduction of the amount of the market rate of pay of an
individual while in the same position or assignment at the same
location.
``(d) Treatment of Pay.--
``(1) In general.--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) Cost-of-living allowance.--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
enactment of the VA Clinician Appreciation, Recruitment, Education,
Expansion, and Retention Support (CAREERS) Act of 2023, 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 7413 the following new item:
``7414. 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. 203. 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, as amended by section 202(a)(1), is further amended by
adding at the end the following new section:
``Sec. 7415. 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, as amended by section 202(a)(2), is further amended by
inserting after the item relating to section 7414 the following new
item:
``7415. Waiver of pay limitation for employees performing mission
critical work.''.
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 ``$100,000''.
SEC. 205. MODIFICATION OF SPECIAL PAY AUTHORITY FOR NURSE EXECUTIVES.
Section 7452(g) of title 38, United States Code, is amended--
(1) in paragraph (1), by striking ``Department nurse
executives, the Secretary may, in accordance with'' and all
that follows through the period at the end and inserting
``nurse executives for the Veterans Health Administration, the
Under Secretary for Health may pay special pay to personnel of
the Veterans Health Administration who are nurse executives.'';
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 three 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. 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 for a reasonable period of time recommended by the
Under Secretary for Health.''.
Subtitle C--Other Personnel Matters
SEC. 221. ROLE OF OPTOMETRISTS IN DEPARTMENT OF VETERANS AFFAIRS.
(a) Inclusion as Physician.--
(1) In general.--Section 7413 of title 38, United States
Code, is amended--
(A) in the section heading, by inserting ``and
optometrists'' after ``podiatrists'';
(B) in subsection (a)--
(i) by striking ``a doctor of podiatric
medicine who is appointed as a podiatrist under
section 7401(1) of this title'' and inserting
``a covered individual''; and
(ii) by striking ``such section'' and
inserting ``section 7401(1) of this title'';
and
(C) by adding at the end the following new
subsection:
``(c) Covered Individual Defined.--In this section, the term
`covered individual' means any of the following:
``(1) A doctor of podiatric medicine who is appointed as a
podiatrist under section 7401(1) of this title.
``(2) A doctor of optometry who is appointed as an
optometrist under section 7401(1) of this title.''.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter I of chapter 74 of such title is
amended by striking the item relating to section 7413 and
inserting the following new item
``7413. Treatment of podiatrists and optometrists; clinical oversight
standards.''.
(b) Clarification of Role.--Section 7306 of such title is amended--
(1) in subsection (a)--
(A) in paragraph (6), by striking ``, a Director of
Dietetic Service, and a Director of Optometric
Service'' and inserting ``and a Director of Dietetic
Service'';
(B) by redesignating paragraph (12) as paragraph
(13); and
(C) by inserting after paragraph (11) the following
new paragraph (12):
``(12) An Executive Director of Optometric Service, who
shall be a qualified doctor of optometry and who shall be
responsible to the Under Secretary for Health for the operation
of the Optometric Service.'';
(2) in subsection (b)(1), by inserting ``optometry,'' after
``podiatric medicine,''; and
(3) in subsection (c), by striking ``and (10)'' and
inserting ``(10), and (12)''.
SEC. 222. EXPANSION OF ANNUAL LEAVE OPTIONS FOR EMPLOYEES OF DEPARTMENT
OF VETERANS AFFAIRS DURING PUBLIC HEALTH EMERGENCY.
(a) Account for Consolidation of Certain Annual Leave.--
(1) In general.--Notwithstanding any other provision of
law, the Secretary of Veterans Affairs shall consolidate into
one restored annual leave account all annual leave restored
pursuant to section 6304(d)(1)(B) of title 5, United States
Code, during calendar years 2020, 2021, and 2022 for covered
employees who are employed by the Department of Veterans
Affairs on the date of the enactment of this Act.
(2) Additional calendar years.--The Secretary may
consolidate into the annual leave account described in
paragraph (1) annual leave restored pursuant to section
6304(d)(1)(B) of such title during calendar years not described
in such paragraph with the approval of the Director of the
Office of Personnel Management.
(b) Leave Expiration.--Annual leave consolidated into the annual
leave account described in subsection (a)(1) shall be used before the
later of--
(1) January 9, 2027; and
(2) the applicable deadline pursuant to section 630.309 of
title 5, Code of Federal Regulations, or successor regulation.
(c) Program of Lump Sum Payments.--
(1) In general.--Subject to the availability of
appropriations, the Secretary may establish a program under
which, during the period beginning on the date of the enactment
of this Act and ending on January 9, 2027, a covered employee
with annual leave described in subsection (a)(1) may elect to
receive a single lump sum payment lin lieu of using such leave.
(2) Treatment of lump sum payments.--A lump sum payment
under a program established under paragraph (1) shall be
treated as separate and apart from any lump sum payment of
annual leave the covered employee may otherwise be entitled to
upon separation from employment with the Department.
(d) Covered Employee Defined.--In this section, the term ``covered
employee'' means an employee of the Department of Veterans Affairs
who--
(1) was appointed under chapter 73 or 74 of title 38,
United States Code, notwithstanding section 7421(a) of such
title, section 7425(b) of such title, or any other provision of
such chapter that impacts leave for such an employee;
(2) was appointed under chapter 78 of such title; or
(3) occupied any position under the jurisdiction of the
Secretary of Veterans Affairs that is subject to the leave
provisions of chapter 63 of title 5, United States Code.
SEC. 223. EXPANSION OF REIMBURSEMENT OF CONTINUING PROFESSIONAL
EDUCATION EXPENSES.
(a) In General.--Section 7411 of title 38, United States Code, is
amended to read as follows:
``Sec. 7411. Reimbursement of continuing professional education
expenses
``The Secretary shall reimburse certain full-time health care
professionals of the Department for expenses incurred for continuing
professional education in amounts as follows:
``(1) With respect to any physician, dentist, podiatrist,
chiropractor, optometrist, registered nurse, or physician
assistant appointed under section 7401(1) of this title, not
more than $1,000 per year for each such individual.
``(2) With respect to any licensed practical or vocational
nurse, medical technologist, pharmacist, pharmacy technician,
psychologist, diagnostic radiologic technologist, or social
worker appointed under section 7401(3) of this title, not more
than $1,000 per year for each such individual.''.
(b) Clerical Amendment.--The table of sections at the beginning of
subchapter I of chapter 74 of title 38, United States Code, is amended
by striking the item relating to section 7411 and inserting the
following new item:
``7411. Reimbursement of continuing professional education expenses.''.
SEC. 224. INCLUSION OF POLICE OFFICERS OF DEPARTMENT OF VETERANS
AFFAIRS AS LAW ENFORCEMENT OFFICERS.
(a) Definitions.--In this section--
(1) the term ``Director'' means the Director of the Office
of Personnel Management;
(2) the term ``Fund'' means the Civil Service Retirement
and Disability Fund;
(3) the term ``incumbent'' means an individual who--
(A) was appointed as a law enforcement officer
before the date of enactment of this Act; and
(B) is serving as a law enforcement officer on the
date of enactment of this Act;
(4) the term ``law enforcement officer'' means an
individual who satisfies the requirements of section 8331(20)
or 8401(17) of title 5, United States Code, by virtue of the
amendments made by this section;
(5) the term ``prior service'' means, with respect to an
incumbent who makes an election under subsection (c)(2),
service performed by the incumbent before the date on which
appropriate retirement deductions begin to be made under the
election; and
(6) the term ``service'' means service performed by an
individual as a law enforcement officer.
(b) Civil Service Retirement System.--
(1) In general.--Title 5, United States Code, is amended--
(A) in section 8331(20), in the matter preceding
subparagraph (A)--
(i) by inserting ``(or who is described in
section 8401(17)(E))'' after ``criminal laws of
the United States''; and
(ii) by inserting ``(or who is so
described)'' after ``engaged in this
activity''; and
(B) in section 8401(17)--
(i) in subparagraph (C)--
(I) by striking ``subparagraph (A)
and (B)'' and inserting ``subparagraph
(A), (B), or (E)''; and
(II) by striking ``and'' at the
end;
(ii) in the flush text following
subparagraph (D)(iii), by adding ``and'' after
the semicolon at the end; and
(iii) 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, as determined by the Secretary
of Veterans Affairs;''.
(2) Application.--The amendments made by this subsection
shall apply to any--
(A) individual who is appointed as a law
enforcement officer--
(i) as defined in section 8331(20) or
8401(17) of title 5, United States Code, as
amended by this subsection; and
(ii) on or after the date of enactment of
this Act; and
(B) incumbent, consistent with the requirements of
this section.
(c) Treatment of Service Performed by Incumbents.--
(1) Service on or after date of enactment.--Service
performed by an incumbent on or after the date of enactment of
this Act shall be treated as service performed as a law
enforcement officer.
(2) Service before date of enactment.--Service performed by
an incumbent before the date of enactment of this Act shall,
for purposes of subchapter III of chapter 83 and chapter 84 of
title 5, United States Code, be treated as service performed as
a law enforcement officer only if the incumbent submits a
written election to the Director by the earlier of--
(A) the date that is 5 years after the date of
enactment of this Act; or
(B) the day before the date on which the incumbent
separates from the service.
(d) Individual Contributions for Prior Service.--
(1) In general.--An incumbent who makes an election under
subsection (c)(2) may, with respect to prior service performed
by the incumbent, pay a deposit into the Fund equal to the sum
of--
(A) the difference between--
(i) the amount that would have been
deducted during the period of prior service
under section 8334 or 8422 of title 5, United
States Code, from the pay of the incumbent if
the amendments made by this section had been in
effect during the prior service; and
(ii) the amount that was deducted during
the period of prior service under section 8334
or 8422 of title 5, United States Code; and
(B) interest on the amount described in
subparagraph (A)(i), as computed under--
(i) paragraphs (2) and (3) of section
8334(e) of title 5, United States Code; and
(ii) regulations promulgated by the
Director.
(2) Effect of not contributing.--If an incumbent does not
pay the full amount of the deposit described in paragraph (1)--
(A) all prior service of the incumbent shall remain
fully creditable as a law enforcement officer; and
(B) the resulting annuity shall be reduced--
(i) in a manner similar to that described
in section 8334(d)(2) of title 5, United States
Code; and
(ii) to the extent necessary to make up the
amount unpaid.
(e) Government Contributions for Prior Service.--
(1) In general.--If an incumbent makes an election under
subsection (c)(2), an agency that employed the incumbent during
any prior service of the incumbent shall remit to the Director,
for deposit in the Fund, an amount equal to the sum of--
(A) the difference between--
(i) the total amount of Government
contributions that would have been paid under
section 8334 or 8423 of title 5, United States
Code, if the amendments made by this section
had been in effect during the prior service;
and
(ii) the total amount of Government
contributions paid under section 8334 or 8423
of title 5, United States Code; and
(B) interest on the amount described in
subparagraph (A)(i), as computed in accordance with--
(i) paragraphs (2) and (3) of section
8334(e) of title 5, United States Code; and
(ii) regulations promulgated by the
Director.
(2) Contributions to be made ratably.--Government
contributions under this subsection on behalf of an incumbent
shall be made by the agency ratably (not less frequently than
annually) over the 10-year period beginning on the date
described in subsection (a)(5).
(f) Exemption From Mandatory Separation.--Notwithstanding sections
8335(b) and 8425(b) of title 5, United States Code, a law enforcement
officer shall not be subject to mandatory separation during the 3-year
period beginning on the date of enactment of this Act.
(g) Regulations.--The Director shall prescribe regulations to carry
out this section, and the amendments made by this section, including
regulations for the application of this section (and those amendments)
in the case of any individual entitled to a survivor annuity (based on
the service of an incumbent who dies before making an election under
subsection (c)(2)), to the extent that any rights that would have been
available to the decedent if still living.
(h) Rule of Construction.--Nothing in this section, or an amendment
made by this section, shall be considered to apply in the case of a
reemployed annuitant.
SEC. 225. DEPARTMENT OF VETERANS AFFAIRS PERSONNEL TRANSPARENCY.
(a) In General.--Section 505 of the John S. McCain III, Daniel K.
Akaka, and Samuel R. Johnson VA Maintaining Internal Systems and
Strengthening Integrated Outside Networks Act of 2018 (Public Law 115-
182; 38 U.S.C. 301 note) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in the matter before subparagraph (A),
by striking ``information,'' and all that
follows through ``facility:'' and inserting
``information:'';
(ii) in subparagraph (B)--
(I) by inserting ``(i)'' before
``The number''; and
(II) by adding at the end the
following new clause:
``(ii) Information made available under this
subparagraph shall be updated not less frequently than
once each quarter to account for delays in data
processing and shall reflect the most recently
available data.'';
(iii) in subparagraph (C), by striking
``vacancies, by occupation.'' and inserting
``positions currently undergoing a recruitment
action, disaggregated by occupation and by
stage of recruitment, including pre-posting,
posting processing stage, recruitment stage,
onboarding stage, and waiting to start stage,
or successor stages if modified.''; and
(iv) by adding at the end the following new
subparagraph:
``(F) The number of positions vacated that the
Secretary as decided not to backfill, disaggregated by
occupation.'';
(B) by redesignating paragraph (5) as paragraph
(6);
(C) by inserting after paragraph (4) the following
new paragraph (5):
``(5) Display of information.--The display of information
made publicly available on an Internet website of the
Department pursuant to paragraph (1), subject to subparagraph
(D) of such paragraph, shall be disaggregated--
``(A) by departmental component;
``(B) in the case of information relating to
Veterans Health Administration positions, by medical
facility; and
``(C) in the case of information relating to
Veterans Benefits Administration positions, by regional
office.''; and
(D) in paragraph (6), as redesignated by
subparagraph (B), by striking ``shall'' and all that
follows and inserting ``shall--
``(A) review the administration of the website
required under paragraph (1);
``(B) develop recommendations relating to the
improvement of such administration; and
``(C) submit to the Committee on Veterans' Affairs
of the Senate and the Committee on Veterans' Affairs of
the House of Representatives a report containing--
``(i) the findings of the Inspector General
with respect to the most recent review
conducted under subparagraph (A); and
``(ii) the recommendations most recently
developed under subparagraph (B).''; and
(2) by amending subsection (b) to read as follows:
``(b) Annual Report.--Each year, the Secretary shall submit to
Congress an annual report that includes the following:
``(1) A description of the steps the Department is taking
to achieve full staffing capacity.
``(2) A description of the actions the Department is taking
to improve the onboard timeline for facilities of the
Department, including--
``(A) in the case of facilities of the Veterans
Health Administration, for facilities for which the
duration of the onboarding process exceeds the metrics
laid out in the Time to Hire Model of the Veterans
Health Administration, or successor model; and
``(B) in the case of Veterans Benefits
Administration, for regional offices that exceed the
time-to-hire target of the Office of Personnel
Management.
``(3) The amount of additional funds necessary to enable
the Department to reach full staffing capacity.
``(4) Such recommendations for legislative or
administrative action as the Secretary may have in order to
achieve full staffing capacity at the Department.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of the enactment of this Act and shall apply
with respect to the first update under section 505(a)(3) of such Act
beginning after the date of the enactment of this Act and each update
thereafter.
SEC. 226. 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 of the
Administration, including an assessment of the activities
carried out under the Program, the results of those activities,
and how the Administration measures the performance of those
activities.
(2) The human resources information technology systems of
the Administration, including the performance, accuracy,
efficiency, and user-ability of those systems for human
resources professionals, managers with hiring authority, and
other employees of the Administration who use those systems.
(3) Metrics and timelines used to report hiring and vacancy
data within the Administration, including recruitment and
retention data.
(4) Trends in hiring, recruitment, retention, and vacancies
among employees of the Administration.
(5) The use by the Administration of authorities and
waivers for hiring flexibility, including an assessment of the
standardization of use of such authorities and waivers within
each Veterans Integrated Service Network.
(6) Training, development, and workload of human resources
professionals of the Administration.
(7) Such other matters as the Comptroller General considers
relevant.
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