II 

115TH CONGRESS 

1ST SESSION S. 2110 

To amend title 38, United States Code, to provide for the non-applicability 

of non-Department of Veterans Affairs covenants not to compete to 

the appointment of certain Veterans Health Administration personnel, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 9, 2017 

Mrs. MCCASKILL introduced the following bill; which was read twice and 

referred to the Committee on Veterans’ Affairs 

A BILL 

To amend title 38, United States Code, to provide for the 

non-applicability of non-Department of Veterans Affairs 

covenants not to compete to the appointment of certain 

Veterans Health Administration personnel, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Department of Vet5 erans Affairs Fairness in Hiring Act of 2017’’. 


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1 SEC. 2. NON-APPLICABILITY OF NON-DEPARTMENT OF VET2 ERANS AFFAIRS COVENANTS NOT TO COM3 PETE TO APPOINTMENT OF VETERANS 

4 HEALTH ADMINISTRATION PERSONNEL. 

5 (a) IN GENERAL.—Subchapter I of chapter 74 of title 

6 38, United States Code, is amended by adding at the end 

7 the following new section: 

8 ‘‘§ 7413. Effect of non-Department covenants not to 

9 compete 

10 ‘‘(a) NON-APPLICABILITY.—Except as provided in 

11 subsection (b), in the case of an individual who is an appli12 cant for appointment to a position in the Veterans Health 

13 Administration described in section 7401 of this title, any 

14 covenant not to compete into which the individual has en15 tered with a non-Department facility or employer shall 

16 have no force or effect with respect to the appointment 

17 of the individual to such a position. 

18 ‘‘(b) TERMINATION OF DEPARTMENT EMPLOY19 MENT.—In the case of an individual who is appointed to 

20 such a position in the Veterans Health Administration 

21 who has entered into a covenant not to compete that is 

22 rendered non-applicable pursuant to subsection (a), if the 

23 individual’s employment at the Veterans Health Adminis24 tration is terminated for any reason before the specified 

25 period of time in such covenant, then such covenant shall 

26 apply with respect to that individual for the period beginVerDate Sep 11 2014 03:57 Nov 15, 2017 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2110.IS S2110

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1 ning on the date of the termination of the individual’s em2 ployment at the Veterans Health Administration and end3 ing on the last day of such specified period of time. 

4 ‘‘(c) COVENANT NOT TO COMPETE.—In this section, 

5 the term ‘covenant not to compete’ means an agreement— 

6 ‘‘(1) between an employee and employer that 

7 restricts such employee from performing— 

8 ‘‘(A) any work for another employer for a 

9 specified period of time; 

10 ‘‘(B) any work in a specified geographical 

11 area; or 

12 ‘‘(C) work for another employer that is 

13 similar to such employee’s work for the em14 ployer included as a party to the agreement; 

15 and 

16 ‘‘(2) that is entered into after the date of enact17 ment of the Department of Veterans Affairs Fair18 ness in Hiring Act of 2017.’’. 

19 (b) CLERICAL AMENDMENT.—The table of sections 

20 at the beginning of such chapter is amended by inserting 

21 after the item relating to section 7412 the following new 

22 item: 

‘‘7413. Effect of non-Department covenants not to compete.’’. 

Æ 


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