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[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.
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