[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10142 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 10142
To improve the workforce of the Department of Veterans Affairs, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 15, 2024
Mr. Harder of California introduced the following bill; which was
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.
This Act may be cited as the ``Department of Veterans Affairs
Compensation Optimization and Modernization for Physicians to Ensure
Treatment Excellence and Service Act'' or the ``VA COMPETES Act''.
SEC. 2. 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 so redesignated--
(i) by striking the matter preceding
paragraph (1) and inserting ``Pay of
physicians, podiatrists, optometrists, and
dentists in the Veterans Health Administration
shall consist of market pay, which shall meet
the following requirements:'';
(ii) in paragraph (4)--
(I) in subparagraph (E), by
striking ``and'' at the end;
(II) by redesignating subparagraph
(F) as subparagraph (I); and
(III) by inserting after
subparagraph (E) the following new
subparagraphs:
``(F) the performance of the physician, podiatrist,
optometrist, or dentist based on specific criteria
prescribed by the Secretary, including the parameters
to determine the relevant timeframe of performance;
``(G) the annual pay adjustments under section 5303
of title 5;
``(H) the nonforeign cost of living adjustment
allowance authorized under section 5941 of title 5;
and'';
(iii) in paragraph (5), by adding at the
end the following new sentence: ``Such a notice
shall include a statement of whether the market
pay will increase, decrease, or remain
unchanged following such evaluation.''; and
(iv) by adding at the end the following new
paragraphs:
``(7) The Secretary shall ensure that each physician,
podiatrist, optometrist, and dentist in the Veterans Health
Administration is--
``(A) advised, on an annual basis, of the criteria
referred to in paragraph (4)(F);
``(B) evaluated in accordance with such criteria;
and
``(C) compensated in accordance with--
``(i) applicable assignment and pay levels,
subject to relevant pay limitations; and
``(ii) the extent to which such criteria
are met.
``(8) Not later than 120 days after the last day of each
fiscal year, the Secretary shall submit to the Committees on
Veterans' Affairs of the Senate and the House of
Representatives a report covering that fiscal year that
includes the following:
``(A) A list of each medical specialty clinic that
conducted an evaluation of market pay during the fiscal
year covered by the report.
``(B) For each evaluation described in subparagraph
(A)--
``(i) a list of occupations for which pay
was evaluated, disaggregated by medical
specialty, number of authorized full-time
employees, and onsite full-time employees as of
the date of the evaluation;
``(ii) the date such evaluation was
completed;
``(iii) whether a market pay adjustment was
made following the evaluation per each
occupation and specialty evaluated;
``(iv) whether applicable employees were
notified of such evaluation;
``(v) whether local labor partners were
notified of such evaluation; and
``(vi) in the case of an evaluation that
resulted in an adjustment of pay--
``(I) the date such adjustment--
``(aa) was implemented; and
``(bb) became effective;
and
``(II) the percentage of employees
of each occupation and specialty for
which pay was adjusted pursuant to such
evaluation.
``(C) A list of facilities of the Department that
did not conduct an evaluation of market pay, pursuant
to paragraph (5), during the fiscal year covered by the
report.'';
(F) in subsection (b), as so redesignated--
(i) in the 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 so redesignated--
(I) 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)''; and
(II) by inserting ``not'' before
``exceed''; and
(vi) 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, optometrists, 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 (including tier limitations) as the Secretary determines
necessary for the recruitment or retention of critical health care
personnel that the Secretary determines would provide direct patient
care.
``(B) Priority for such waivers shall be given for positions,
locations, and care provided through contracts at a high cost to the
Department.
``(C) During the period the authority under subparagraph (A) is
effective, the Secretary may not issue more than 300 waivers under such
subparagraph.
``(D) The Secretary may prescribe requirements, limitations, and
other considerations for waivers under such subparagraph.
``(E) Not later than 180 days after the date of enactment of the VA
COMPETES Act, and annually thereafter, the Secretary shall submit to
the Committees on Veterans' Affairs of the Senate and the House of
Representatives a report that includes--
``(i) any updates to the requirements, limitations, and
considerations prescribed under subparagraph (B) during the
period covered by the report;
``(ii) a description of the findings of each review, if
any, conducted pursuant to subparagraph (G);
``(iii) a description of each waiver under subparagraph (A)
in effect as of the date of the submission of the report,
including the--
``(I) duty location, position, specialty, market,
and performance considerations for the waiver; and
``(II) impact, if any, of the waiver on contracted
care purchased by the Department for the region; and
``(iv) a list of any separation actions during the period
covered by the report with respect to a position for which a
waiver under subparagraph (A) is in effect.
``(F) The authority of the Secretary under subparagraph (A) shall
terminate on the date that is five years after the date of enactment of
the VA COMPETES Act.
``(G) The Chief Human Capital Officer of the Department, the Chief
Financial Officer of the Department, and the Office of the General
Counsel of the Department shall review any waiver issued pursuant to
subparagraph (A).;'';
(G) in subsection (c), as so redesignated, by
striking ``subsections (a) and (b) of and'';
(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 an adjustment or a nonforeign cost of living allowance
under sections 5303 or 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 ``subsection (a) or (b) except
for the responsibilities of the Secretary under
subsection (b)(1)''.
(2) Report on waiver authority.--Not later than 180 days
after the date of enactment of this Act, the Secretary of
Veterans Affairs shall submit to the Committees on Veterans'
Affairs of the Senate and the House of Representatives a report
that includes a description of the requirements, limitations,
and other considerations prescribed under section 7431(b)(4)(B)
of title 38, United States Code, as added by paragraph (1).
(3) 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'';
(ii) by striking ``the market pay element
of pay of physicians and dentists'' and
inserting ``market pay''; and
(iii) 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)''.
(4) 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, Podiatrists, Optometrists, and
Dentists''.
(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, podiatrists, optometrists, and
dentists''.
(5) Applicability dates.--
(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 180 days after the date of enactment
of this Act.
(B) Performance pay.--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 during 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 inserting ``optometrists,''
after ``podiatrists,''; and
(2) in the list in subsection (b)--
(A) in the first heading of the list following the
colon, by striking ``PODIATRIST (DPM), AND DENTIST''
and inserting ``PODIATRIST (DPM), OPTOMETRIST (OD), AND
DENTIST'';
(B) by inserting ``and optometrist grade'' after
``Podiatrist grade''; and
(C) in the third heading of the list following the
colon, 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 may pay
retroactive compensation to a covered employee in an amount
that equals the amount of compensation that was authorized to
be paid to such covered employee during the period specified in
paragraph (2), but was deferred and paid to such employee in
the calendar year following the calendar year in which such
compensation was authorized because the payment of such
compensation would have exceeded an applicable cap on annual
compensation.
(2) Period specified.--The period specified in this
paragraph is the period beginning on January 8, 2006, and
ending on December 31, 2017.
(3) Exclusion.--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) The term ``compensation'' means any pay,
including salary, awards, and incentives.
(B) The term ``covered employee'' means a
physician, podiatrist, or dentist subject to market pay
under section 7431 of title 38, United States Code.
<all>