II 

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. 

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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘VA Clinician Appreciation, Recruitment, Education, Ex6 pansion, and Retention Support (CAREERS) Act of 

7 2023’’. 

8 (b) TABLE OF CONTENTS.—The table of contents for 

9 this Act is as follows: 

Sec. 1. Short title; table of contents. 


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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. 


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1 TITLE I—TRAINING, RECRUIT2 MENT, AND RETENTION OF 

3 HEALTH CARE EMPLOYEES 

4 SEC. 101. PAYMENT OF LICENSURE EXAM COSTS FOR RE5 CIPIENTS OF SCHOLARSHIPS FROM DEPART6 MENT OF VETERANS AFFAIRS. 

7 (a) IN GENERAL.—The Secretary of Veterans Affairs 

8 shall pay the costs of any licensing examinations and cer9 tifications required by the Secretary for any current recipi10 ent of a covered health professional scholarship from the 

11 Department of Veterans Affairs. 

12 (b) LICENSING EXAMINATIONS AND CERTIFI13 CATIONS.—Subsection (a) shall apply to the payment of 

14 costs for— 

15 (1) the United States Medical Licensing Exam16 ination Step 1, Step 2, and Step 3; 

17 (2) the National Council Licensure Exam; 

18 (3) the National Board Dental Examination; 

19 (4) the National Board Dental Hygiene Exam20 ination; 

21 (5) the Dental Licensure Objective Structured 

22 Clinical Examination and Integrated National Board 

23 Dental Examination; 


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1 (6) the National Licensing Exams for Reg2 istered Nurses, Nurse Practitioners, and Certified 

3 Registered Nurse Anesthetists; 

4 (7) the American Podiatric Medical Licensing 

5 Exam; 

6 (8) the National Board of Examiners in Optom7 etry Exam; 

8 (9) the Physician Assistant National Certifi9 cation Exam; 

10 (10) the Examination for Professional Practice 

11 in Psychology; 

12 (11) the Academy for Certification of Vision 

13 Rehabilitation and Education Professionals certifi14 cation examinations; 

15 (12) the Association of Social Workers Boards 

16 Exam; and 

17 (13) such other licensing examinations and cer18 tifications as the Secretary considers appropriate. 

19 (c) REPORT TO CONGRESS.—Not later than one year 

20 after the date of the enactment of this Act, and not less 

21 frequently than annually thereafter, the Secretary shall 

22 submit to the Committee on Veterans’ Affairs of the Sen23 ate and the Committee on Veterans’ Affairs of the House 

24 of Representatives a report on the implementation of this 

25 section that includes the following data for each State and 


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1 territory of the United States for the one-year period pre2 ceding the date of the report: 

3 (1) Utilization by the Secretary of the require4 ment under subsection (a) broken down by position 

5 and career type. 

6 (2) Number of times each examination or cer7 tification described in subsection (b) was paid for by 

8 the Department and total funds expended by the 

9 Department for each such examination or certifi10 cation. 

11 (d) COVERED HEALTH PROFESSIONAL SCHOLARSHIP

12 DEFINED.—In this section, the term ‘‘covered health pro13 fessional scholarship’’ means— 

14 (1) the Department of Veterans Affairs Health 

15 Professional Scholarship Program under subchapter 

16 II of chapter 76 of title 38, United States Code; 

17 (2) the Department of Veterans Affairs Em18 ployee Incentive Scholarship Program under sub19 chapter VI of such chapter, including— 

20 (A) the National Nursing Education Initia21 tive; and 

22 (B) the VA National Education for Em23 ployees Program; 


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1 (3) the Department of Veterans Affairs Read2 justment Counseling Service Scholarship Program 

3 under subchapter IX of such chapter; 

4 (4) the Visual Impairment and Orientation and 

5 Mobility Professionals Scholarship Program under 

6 chapter 75 of such title; 

7 (5) the Veterans Healing Veterans Medical Ac8 cess and Scholarship Program under section 304 of 

9 the VA MISSION Act of 2018 (Public Law 115– 

10 182; 38 U.S.C. 7601 note); 

11 (6) the Physician Assistant Education and 

12 Training Pilot Program for Former Members of The 

13 Armed Forces under section 246 of division J of the 

14 Consolidated Appropriations Act of 2018 (Public 

15 Law 115–141; 38 U.S.C. 7601 note); and 

16 (7) such other programs as the Secretary con17 siders appropriate. 

18 SEC. 102. IMPROVEMENT OF WORKFORCE TRAINING AND 

19 TEAM MODELS TO MEET THE NEEDS OF 

20 OLDER VETERANS. 

21 (a) RURAL GERIATRICS TEAM TRAINING.—The Sec22 retary of Veterans Affairs shall expand the Rural Inter23 disciplinary Team Training program of the Department 

24 of Veterans Affairs to not fewer than one rural site in 

25 each Veterans Integrated Service Network of the DepartVerDate Sep 11 2014 02:54 Jan 24, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S10.IS S10

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1 ment and ensure access at such sites to learning opportu2 nities through the Geriatric Scholars Program of the De3 partment. 

4 (b) TRAINING ON CARING FOR VETERANS WITH

5 MEMORY LOSS.— 

6 (1) IN GENERAL.—The Secretary shall provide 

7 continuing professional education for clinical staff of 

8 the Department who provide care for veterans with 

9 Alzheimer’s disease and dementia. 

10 (2) IMPLEMENTATION.—The Secretary shall 

11 implement the continuing professional education re12 quired under paragraph (1) in consultation with the 

13 Office of Rural Health of the Department of Vet14 erans Affairs established under section 7308 of title 

15 38, United States Code, in order to ensure equitable 

16 access to learning opportunities for employees of the 

17 Department in rural and highly rural areas. 

18 (c) EXPANSION OF GERIATRIC PATIENT ALIGNED

19 CARE TEAM MODEL AND GERIATRIC AND PALLIATIVE

20 SPECIALTY SERVICES.— 

21 (1) IN GENERAL.—The Secretary shall expand 

22 the Geriatrics Patient Aligned Care Team model and 

23 the geriatric and palliative specialty services of the 

24 Department of Veterans Affairs— 


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1 (A) to every medical center of the Depart2 ment; 

3 (B) to any community-based outpatient 

4 clinic at which such expansion is determined by 

5 the Secretary to be feasible and needed; and 

6 (C) to provide access to all veterans that 

7 need those services, including through imple8 menting Geriatric and Palliative Specialty Con9 sultative Clinical Resource Hubs to meet the 

10 needs of the aging veteran population. 

11 (2) WAIVER OF EXPANSION TO MEDICAL CEN12 TERS.—The Secretary may waive the application of 

13 the requirements under paragraph (1)(A) with re14 spect to a medical center if the Secretary determines 

15 that the medical center does not have the capacity 

16 or need to implement a Geriatrics Patient Aligned 

17 Care Team model or to provide geriatric and pallia18 tive specialty services, as the case may be. 

19 (3) STUDY.—The Secretary shall conduct a 

20 study on the variations in the structure and model 

21 consistency of the Geriatrics Patient Aligned Care 

22 Team model and delivery and utilization of geriatric 

23 and palliative care throughout the Department and 

24 how those variations impact quality of care and pa25 tient outcomes. 


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1 (d) REPORT TO CONGRESS.— 

2 (1) IN GENERAL.—Not later than two years 

3 after the date of the enactment of this Act, and not 

4 less frequently than annually thereafter for the fol5 lowing five years, the Secretary shall submit to the 

6 Committee on Veterans’ Affairs of the Senate and 

7 the Committee on Veterans’ Affairs of the House of 

8 Representatives a report on the implementation of 

9 this section. 

10 (2) INCLUSION OF INFORMATION ON WAIV11 ERS.—The Secretary shall include in the report re12 quired by paragraph (1) an identification of any 

13 medical center of the Department in receipt of a 

14 waiver under subsection (c)(2) and the reason for 

15 the waiver. 

16 (e) DEFINITIONS.—In this section, the terms ‘‘rural’’ 

17 and ‘‘highly rural’’ have the meanings given those terms 

18 under the Rural-Urban Commuting Areas (RUCA) coding 

19 system of the Department of Agriculture. 

20 SEC. 103. STUDY ON IMPROVING RECRUITMENT AND RE21 TENTION AT COMMUNITY LIVING CENTERS 

22 OF DEPARTMENT OF VETERANS AFFAIRS. 

23 (a) IN GENERAL.—Not later than two years after the 

24 date of the enactment of this Act, the Secretary of Vet25 erans Affairs shall complete a study on barriers to hiring 


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1 and retaining staff at community living centers of the De2 partment of Veterans Affairs and best practices for im3 proving recruitment and retention of such staff, with an 

4 emphasis on nursing staff. 

5 (b) REPORT TO CONGRESS.—Not later than 180 days 

6 after completion of the study under subsection (a), the 

7 Secretary shall submit to the Committee on Veterans’ Af8 fairs of the Senate and the Committee on Veterans’ Af9 fairs of the House of Representatives a report— 

10 (1) summarizing key findings with respect to 

11 barriers to hiring and retaining staff at community 

12 living centers of the Department and best practices 

13 for improving recruitment and retention of such 

14 staff, including any barriers or best practices specific 

15 to rural areas; and 

16 (2) including recommendations for such admin17 istrative action as the Secretary considers appro18 priate. 

19 SEC. 104. LIMITATION ON DETAIL OF DIRECTORS OF MED20 ICAL CENTERS OF DEPARTMENT OF VET21 ERANS AFFAIRS TO DIFFERENT POSITIONS. 

22 (a) NOTIFICATION.— 

23 (1) IN GENERAL.—Not later than 90 days after 

24 detailing a director of a medical center of the De25 partment of Veterans Affairs to a different position 


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1 within the Department, the Secretary of Veterans 

2 Affairs shall notify the Committee on Veterans’ Af3 fairs of the Senate and the Committee on Veterans’ 

4 Affairs of the House of Representatives of such de5 tail. 

6 (2) MATTERS TO BE INCLUDED.—The notifica7 tion required by paragraph (1) shall include, with re8 spect to a director of a medical center who is de9 tailed to a different position within the Department, 

10 the following information: 

11 (A) The location at which the director is 

12 detailed. 

13 (B) The position title of the detail. 

14 (C) The estimated time the director is ex15 pected to be absent from their duties at the 

16 medical center. 

17 (D) Such other information as the Sec18 retary may determine appropriate. 

19 (b) APPOINTMENT OF ACTING DIRECTOR.—Not later 

20 than 120 days after detailing a director of a medical cen21 ter of the Department to a different position within the 

22 Department, the Secretary shall appoint an individual as 

23 acting director of such medical center with all of the au24 thority and responsibilities of the detailed director. 


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1 (c) UPDATE ON DETAIL.—Not later than 120 days 

2 after detailing a director of a medical center of the De3 partment to a different position within the Department, 

4 and not less frequently than every 30 days thereafter while 

5 the detail is in effect or while the director position at the 

6 medical center is vacant, the Secretary shall submit to the 

7 Committee on Veterans’ Affairs of the Senate and the 

8 Committee on Veterans’ Affairs of the House of Rep9 resentatives an update regarding the status of the detail. 

10 (d) RETURN TO POSITION OR REASSIGNMENT.— 

11 (1) IN GENERAL.—Except as provided in para12 graph (2), not later than 180 days after detailing a 

13 director of a medical center of the Department to a 

14 different position within the Department, for a rea15 son other than an ongoing investigation or adminis16 trative action with respect to the director, the Sec17 retary shall— 

18 (A) return the individual to the position as 

19 director of the medical center; or 

20 (B) reassign the individual from the posi21 tion as director of the medical center and begin 

22 the process of hiring a new director for such po23 sition. 

24 (2) WAIVER.— 


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1 (A) IN GENERAL.—The Secretary may 

2 waive the requirement under paragraph (1) 

3 with respect to an individual for successive 90- 

4 day increments for a total period of not more 

5 than 540 days from the original date the indi6 vidual was detailed away from their position as 

7 director of a medical center. 

8 (B) NOTIFICATION.—Not later than 30 

9 days after exercising a waiver under subpara10 graph (A), the Secretary shall notify Congress 

11 of the waiver and provide to Congress informa12 tion as to why the waiver is necessary. 

13 TITLE II—ACCOUNTABILITY, 

14 OVERSIGHT, AND PERSONNEL 

15 MATTERS 

16 Subtitle A—Matters Relating to 

17 Pay 

18 SEC. 201. MODIFICATION OF PAY LIMITATION FOR PHYSI19 CIANS, PODIATRISTS, OPTOMETRISTS, AND 

20 DENTISTS OF DEPARTMENT OF VETERANS 

21 AFFAIRS. 

22 (a) MARKET PAY.— 

23 (1) IN GENERAL.—Section 7431 of title 38, 

24 United States Code, is amended— 


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1 (A) by striking subsections (a), (b), and 

2 (d); 

3 (B) by redesignating subsections (c), (e), 

4 (f), (g), and (h) as subsections (a), (b), (c), (d), 

5 and (e), respectively; 

6 (C) by inserting ‘‘optometrists,’’ after ‘‘po7 diatrists,’’ each place it appears; 

8 (D) by inserting ‘‘optometrist’’ after ‘‘podi9 atrist,’’ each place it appears; 

10 (E) in subsection (a), as redesignated by 

11 subparagraph (B), in the matter preceding 

12 paragraph (1), by striking ‘‘One element of pay 

13 for physicians, podiatrists, and dentists shall be 

14 base pay. Base pay shall meet the following re15 quirements:’’ and inserting ‘‘Pay of physicians, 

16 podiatrists, optometrists, and dentists in the 

17 Veterans Health Administration shall consist of 

18 base pay, which shall meet the following re19 quirements:’’; 

20 (F) in subsection (b), as so redesignated— 

21 (i) in the subsection heading, by strik22 ing ‘‘TOTAL’’ and inserting ‘‘MARKET’’; 

23 (ii) in paragraph (1)(A)— 


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1 (I) by striking ‘‘annual’’ each 

2 place it appears and inserting ‘‘mar3 ket’’; and 

4 (II) by inserting ‘‘, optom5 etrists,’’ after ‘‘podiatrists’’; 

6 (iii) by striking paragraphs (2) and 

7 (3); 

8 (iv) by redesignating paragraph (4) as 

9 paragraph (2); 

10 (v) in paragraph (2), as redesignated 

11 by clause (iv), by striking ‘‘Except as pro12 vided in sections 7404A(c) and 7410(a)(2) 

13 of this title, in no case may the total 

14 amount of compensation’’ and inserting 

15 ‘‘The total amount of market pay under 

16 subsection (a)’’; 

17 (vi) by inserting ‘‘may not’’ before 

18 ‘‘exceed’’; and 

19 (vii) by adding at the end the fol20 lowing new paragraphs: 

21 ‘‘(3) Notwithstanding any compensation or pay limi22 tations under this title or title 5, the Secretary may au23 thorize the Under Secretary for Health to pay physicians, 

24 podiatrists, and dentists— 

25 ‘‘(A) awards authorized under this title; 


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1 ‘‘(B) advance payments, recruitment or reloca2 tion bonuses, and retention allowances authorized 

3 under section 7410(a) of this title or as otherwise 

4 provided by law; 

5 ‘‘(C) incentives or bonuses under section 706 of 

6 this title or as otherwise provided by law; and 

7 ‘‘(D) earnings from fee-basis appointments 

8 under section 7405(a)(2) of this title. 

9 ‘‘(4)(A) The Secretary may waive any pay limitation 

10 described in this section (to include tier limitations) if the 

11 Secretary determines it is necessary for the recruitment 

12 or retention of critical health care personnel, as deter13 mined by the Secretary. 

14 ‘‘(B) The Secretary may prescribe requirements, limi15 tations, and other considerations for waivers under sub16 paragraph (A).’’; 

17 (G) in subsection (c), as so redesignated, 

18 by striking ‘‘subsections (b) and (c) of’’; 

19 (H) in subsection (d), as so redesignated— 

20 (i) in paragraph (1), by striking ‘‘sub21 section (c)’’ and inserting ‘‘subsection (a)’’; 

22 and 

23 (ii) by adding at the end the following 

24 new paragraph: 


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1 ‘‘(3) An individual receiving market pay under sub2 section (a) may not receive a non-foreign cost of living 

3 allowance under section 5941 of title 5.’’; and 

4 (I) in subsection (e), as so redesignated, by 

5 striking ‘‘subsection (c), (d), or (e) except for 

6 the responsibilities of the Secretary under sub7 section (e)(1)’’ and inserting ‘‘subsections (a) 

8 or (b) except for the responsibilities of the Sec9 retary under subsection (b)(1)’’. 

10 (2) CONFORMING AMENDMENTS.— 

11 (A) INCENTIVES FOR RECRUITMENT.—Sec12 tion 706(d)(6) of title 38, United States Code, 

13 is amended by striking ‘‘total amount of com14 pensation under section 7431(e)(4)’’ and insert15 ing ‘‘total amount of market pay under section 

16 7431’’. 

17 (B) AWARDS.—Section 7404A(c) of such 

18 title is amended by striking ‘‘the limitation 

19 under section 7431(e)(4)’’ and inserting ‘‘a lim20 itation under section 7431’’. 

21 (C) ADDITIONAL PAY AUTHORITIES.—Sec22 tion 7410(a)(2) of such title is amended by 

23 striking ‘‘the limitation under section 

24 7431(e)(4)’’ and inserting ‘‘a limitation under 

25 section 7431’’. 


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1 (D) PAY OF UNDER SECRETARY FOR

2 HEALTH.—Section 7432(b)(1) of such title is 

3 amended— 

4 (i) by inserting ‘‘, podiatrist, optom5 etrist,’’ after ‘‘physician’’; and 

6 (ii) by striking ‘‘7431(c)’’ and insert7 ing ‘‘7431’’. 

8 (E) ADMINISTRATIVE MATTERS.—Section 

9 7433 of such title is amended by inserting ‘‘op10 tometrists,’’ after ‘‘physicians,’’ each place it 

11 appears. 

12 (F) COMPETITIVE PAY.—Section 

13 7451(a)(2)(C) of such title is amended by in14 serting ‘‘optometrist,’’ after ‘‘physician,’’. 

15 (G) COMPENSATION AND PROFESSIONAL

16 STANDARDS FOR CERTAIN MEDICAL OFFI17 CERS.—Section 27(b) of the Central Intel18 ligence Agency Act of 1949 (50 U.S.C. 

19 3528(b)) is amended by striking ‘‘section 

20 7431(e)(1)(C)’’ and inserting ‘‘section 

21 7431(b)(1)(C)’’. 

22 (3) CLERICAL AMENDMENTS.— 

23 (A) SECTION HEADING.— 


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1 (i) IN GENERAL.—The heading for 

2 section 7431 of title 38, United States 

3 Code is amended to read as follows: 

4 ‘‘§ 7431. Market pay’’. 

5 (ii) TABLE OF SECTIONS.—The table 

6 of sections at the beginning of subchapter 

7 III of chapter 74 of title 38, United States 

8 Code, is amended by striking the item re9 lating to section 7431 and inserting the 

10 following new item: 

‘‘7431. Market pay.’’. 

11 (B) SUBCHAPTER HEADING.— 

12 (i) IN GENERAL.—The heading for 

13 subchapter III of chapter 74 of such title 

14 is amended to read as follows: 

15 ‘‘Subchapter III—Pay for Physicians and 

16 Other Health-care Personnel’’. 

17 (ii) TABLE OF SECTIONS.—The table 

18 of sections at the beginning of chapter 74 

19 of such title is amended by striking the 

20 item relating to subchapter III and insert21 ing the following new item: 

‘‘SUBCHAPTER III—PAY FOR PHYSICIANS AND OTHER HEALTH-CARE

PERSONNEL’’. 

22 (4) APPLICATION.— 


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1 (A) IN GENERAL.—The amendments made 

2 by this subsection shall apply to any pay period 

3 of the Department of Veterans Affairs begin4 ning on or after the date that is 30 days after 

5 the date of the enactment of this Act. 

6 (B) PERFORMANCE PAY FOR YEAR OF EN7 ACTMENT.—The Secretary of Veterans Affairs 

8 may pay performance pay under section 

9 7431(d) of title 38, United States Code, as in 

10 effect on the day before the date of the enact11 ment of this Act, for the calendar year in which 

12 this Act is enacted. 

13 (b) MODIFICATION AND CLARIFICATION OF PAY

14 GRADE FOR OPTOMETRISTS.—Section 7404 of such title 

15 is amended— 

16 (1) in subsection (a)(2)(A), by striking ‘‘podia17 trists, and dentists’’ and inserting ‘‘podiatrists, op18 tometrists, and dentists’’; and 

19 (2) in the list in subsection (b)— 

20 (A) by striking ‘‘PODIATRIST (DPM), 

21 AND DENTIST’’ and inserting ‘‘PODIA22 TRIST (DPM), OPTOMETRIST (OD), AND 

23 DENTIST’’; and 

24 (B) by striking ‘‘CLINICAL CHIRO25 PRACTOR AND OPTOMETRIST SCHEDVerDate Sep 11 2014 02:54 Jan 24, 2023 Jkt 039200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S10.IS S10

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1 ULE,’’ and inserting ‘‘CLINICAL CHIRO2 PRACTOR SCHEDULE’’. 

3 (c) RETROACTIVE AUTHORITY FOR COMPENSA4 TION.— 

5 (1) IN GENERAL.—The Secretary of Veterans 

6 Affairs is retroactively authorized to pay to a cov7 ered employee the amount of compensation that was 

8 authorized to be paid to the employee during the pe9 riod specified in paragraph (2) but was deferred and 

10 paid to the employee in the calendar year following 

11 the calendar year in which it was authorized to be 

12 paid because it exceeded $400,000 in a calendar 

13 year. 

14 (2) PERIOD SPECIFIED.—The period specified 

15 in this paragraph is the period beginning on Janu16 ary 8, 2006, and ending on December 31, 2017. 

17 (3) ADDITIONAL PERIOD.—Compensation au18 thorized under this subsection shall not be included 

19 in the calculation of any aggregate limit on com20 pensation for a covered employee for the year in 

21 which it is paid. 

22 (4) CHARGING OF COMPENSATION.—Compensa23 tion authorized under this subsection shall be 

24 charged to the appropriate medical care appropria25 tion account of the Department of Veterans Affairs 


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1 for the fiscal year in which the work was performed 

2 except as follows: 

3 (A) In the case of an account that has 

4 closed pursuant to section 1552 of title 31, 

5 United States Code, the compensation shall be 

6 charged to a current appropriation account in 

7 accordance with section 1553 of such title. 

8 (B) In the case of an expired account that 

9 has not closed, if charging the compensation to 

10 the expired account would cause such account 

11 to have a negative unliquidated or unexpended 

12 balance, the compensation may be charged to a 

13 current appropriation account available for the 

14 same purpose. 

15 (5) DEFINITIONS.—In this subsection: 

16 (A) COMPENSATION.—The term ‘‘com17 pensation’’ means any pay, including salary, 

18 awards, and incentives. 

19 (B) COVERED EMPLOYEE.—The term 

20 ‘‘covered employee’’ means a physician, podia21 trist, optometrist, or dentist subject to market 

22 pay under section 7431 of title 38, United 

23 States Code, as amended by subsection (a). 


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1 SEC. 202. INCREASED PAY CAP FOR DIRECTORS OF MED2 ICAL CENTERS AND VETERANS INTEGRATED 

3 SERVICE NETWORKS OF DEPARTMENT OF 

4 VETERANS AFFAIRS. 

5 (a) INCREASED PAY CAP.— 

6 (1) IN GENERAL.—Subchapter I of chapter 74 

7 of title 38, United States Code, is amended by add8 ing at the end the following new section: 

9 ‘‘§ 7414. Pay for directors of medical centers and di10 rectors of Veterans Integrated Service 

11 Networks 

12 ‘‘(a) IN GENERAL.—To reflect the recruitment and 

13 retention needs of the Department for the assignment of 

14 a particular director in a medical center or Veterans Inte15 grated Service Network of the Department, the Secretary 

16 shall prescribe a system of pay for individuals appointed 

17 under section 7401(4) of this title. 

18 ‘‘(b) MARKET PAY.— 

19 ‘‘(1) IN GENERAL.—The annual amount of the 

20 market rate of pay of an individual appointed under 

21 section 7401(4) of this title— 

22 ‘‘(A) shall be determined by the Secretary 

23 on a case-by-case basis; and 

24 ‘‘(B) shall take into account— 

25 ‘‘(i) the level of experience of the indi26 vidual in managing facilities or programs 


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1 of the Department or other similar agen2 cies or companies, whether governmental 

3 or nongovernmental; 

4 ‘‘(ii) the complexity of the assignment 

5 of the individual, whether assigned or to be 

6 assigned; 

7 ‘‘(iii) the labor market for individuals 

8 in similar positions, which may cover any 

9 geographic area the Secretary considers 

10 appropriate; 

11 ‘‘(iv) the experience of the individual 

12 in performing the assignment of the indi13 vidual, whether assigned or to be assigned; 

14 and 

15 ‘‘(v) such other considerations as the 

16 Secretary considers appropriate. 

17 ‘‘(2) EVALUATION AND ADJUSTMENT.— 

18 ‘‘(A) IN GENERAL.—The market rate of 

19 pay provided under this subsection shall be 

20 evaluated by the Secretary not less frequently 

21 than once every two years. 

22 ‘‘(B) ADJUSTMENT.—The market rate of 

23 pay of an individual may be adjusted as the re24 sult of an evaluation under subparagraph (A). 


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1 ‘‘(C) NOTICE OF RESULTS.—An individual 

2 whose market rate of pay is evaluated under 

3 subparagraph (A) shall receive written notice of 

4 the results of such evaluation. 

5 ‘‘(c) REQUIREMENTS AND LIMITATIONS ON TOTAL

6 PAY.— 

7 ‘‘(1) MINIMUM AND MAXIMUM AMOUNTS.— 

8 ‘‘(A) IN GENERAL.—Not less frequently 

9 than once every two years, the Secretary shall 

10 prescribe for applicability throughout the De11 partment the minimum and maximum amounts 

12 for a market rate of pay that may be paid 

13 under subsection (b). 

14 ‘‘(B) PUBLICATION AND EFFECTIVE DATE

15 OF AMOUNTS.—Amounts prescribed under sub16 paragraph (A) shall be published in the Federal 

17 Register and shall take effect not earlier than 

18 60 days after the date of publication. 

19 ‘‘(C) MAXIMUM.— 

20 ‘‘(i) IN GENERAL.—Except as pro21 vided in clause (ii), in no case may the 

22 total market rate of pay provided under 

23 subsection (b) exceed the amount of annual 

24 compensation (excluding expenses) speci25 fied in section 102 of title 3. 


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1 ‘‘(ii) WAIVER.—The Secretary may 

2 waive the limitation under clause (i) (to in3 clude tier limitations) if the Secretary de4 termines it is necessary for the recruitment 

5 or retention of critical health care per6 sonnel, as determined by the Secretary. 

7 ‘‘(2) LIMITATION ON REDUCTION.—No adjust8 ment of the market rate of pay under subsection 

9 (b)(2)(B) may result in a reduction of the amount 

10 of the market rate of pay of an individual while in 

11 the same position or assignment at the same loca12 tion. 

13 ‘‘(d) TREATMENT OF PAY.— 

14 ‘‘(1) IN GENERAL.—Pay under subsection (b) 

15 shall be considered pay for all purposes, including 

16 retirement benefits under chapters 83 and 84 of title 

17 5 and other benefits. 

18 ‘‘(2) COST-OF-LIVING ALLOWANCE.—An indi19 vidual receiving pay under subsection (b) may not 

20 receive a cost-of-living allowance under section 5941 

21 of title 5. 

22 ‘‘(e) ANNUAL REPORT.—Not later than one year 

23 after the date of the enactment of the VA Clinician Appre24 ciation, Recruitment, Education, Expansion, and Reten25 tion Support (CAREERS) Act of 2023, and annually 


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1 thereafter, the Secretary shall submit to the Committee 

2 on Veterans’ Affairs of the Senate and the Committee on 

3 Veterans’ Affairs of the House of Representatives a report 

4 on the implementation by the Secretary of the require5 ments under this section.’’. 

6 (2) CLERICAL AMENDMENT.—The table of sec7 tions at the beginning of such subchapter is amend8 ed by inserting after the item relating to section 

9 7413 the following new item: 

‘‘7414. Pay for directors of medical centers and directors of Veterans Integrated 

Service Networks.’’. 

10 (b) CONFORMING AMENDMENTS.—Section 

11 7404(a)(1) of title 38, United States Code, is amended— 

12 (1) in subparagraph (A)— 

13 (A) by striking ‘‘(A) The annual’’ and in14 serting ‘‘The annual’’; and 

15 (B) by striking ‘‘and 7401(4)’’; and 

16 (2) by striking subparagraph (B). 

17 SEC. 203. WAIVER OF PAY LIMITATION FOR EMPLOYEES OF 

18 THE VETERANS HEALTH ADMINISTRATION 

19 PERFORMING MISSION CRITICAL WORK. 

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

21 38, United States Code, as amended by section 202(a)(1), 

22 is further amended by adding at the end the following new 

23 section: 


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1 ‘‘§ 7415. Waiver of pay limitation for employees per2 forming mission critical work 

3 ‘‘(a) IN GENERAL.—Notwithstanding any other pro4 vision of law, the Secretary may waive any limitation on 

5 pay for an employee of the Veterans Health Administra6 tion who is performing mission critical work. 

7 ‘‘(b) AUTHORITY.—The Secretary shall prescribe reg8 ulations for the administration of this section. 

9 ‘‘(c) EMPLOYEE OF THE VETERANS HEALTH ADMIN10 ISTRATION DEFINED.—In this section, the term ‘‘em11 ployee of the Veterans Health Administration’ includes 

12 any employee of the Veterans Health Administration, re13 gardless of the authority under which the employee was 

14 hired.’’. 

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

16 at the beginning of such subchapter, as amended by sec17 tion 202(a)(2), is further amended by inserting after the 

18 item relating to section 7414 the following new item: 

‘‘7415. Waiver of pay limitation for employees performing mission critical 

work.’’. 

19 SEC. 204. INCREASE OF MAXIMUM AMOUNT OF INCENTIVE 

20 PAY FOR DEPARTMENT PHARMACIST EXECU21 TIVES. 

22 Section 7410(b)(1) of title 38, United States Code, 

23 is amended by striking ‘‘$40,000’’ and inserting 

24 ‘‘$100,000’’. 


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1 SEC. 205. MODIFICATION OF SPECIAL PAY AUTHORITY FOR 

2 NURSE EXECUTIVES. 

3 Section 7452(g) of title 38, United States Code, is 

4 amended— 

5 (1) in paragraph (1), by striking ‘‘Department 

6 nurse executives, the Secretary may, in accordance 

7 with’’ and all that follows through the period at the 

8 end and inserting ‘‘nurse executives for the Veterans 

9 Health Administration, the Under Secretary for 

10 Health may pay special pay to personnel of the Vet11 erans Health Administration who are nurse execu12 tives.’’; and 

13 (2) by adding at the end the following new 

14 paragraph: 

15 ‘‘(5) The Under Secretary for Health shall define 

16 through regulations which positions of the Veterans 

17 Health Administration qualify as nurse executives for pur18 poses of special pay under paragraph (1).’’. 

19 Subtitle B—Improvement of 

20 Recruitment and Hiring 

21 SEC. 211. OVERSIGHT OF DIRECT HIRE AUTHORITY AND 

22 HIRING FLEXIBILITY OF DEPARTMENT OF 

23 VETERANS AFFAIRS. 

24 Not later than three years after the date of the enact25 ment of this Act, the Inspector General of the Department 


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1 of Veterans Affairs shall conduct a study and publish a 

2 report on— 

3 (1) the use of direct hire authority by the De4 partment; 

5 (2) the contributions made by the use of such 

6 authority to filling vacancies within the Department; 

7 and 

8 (3) any vulnerabilities or inconsistencies with 

9 respect to the use of such authority. 

10 SEC. 212. WAIVER OF CERTAIN LICENSURE REQUIRE11 MENTS. 

12 (a) PSYCHOLOGISTS.—Paragraph (8)(C) of section 

13 7402(b) of title 38, United States Code, is amended— 

14 (1) by striking ‘‘individual psychologist for a 

15 period’’ and inserting ‘‘individual psychologist— 

16 ‘‘(i) for a period’’; 

17 (2) by striking the period at the end and insert18 ing ‘‘; or’’; and 

19 (3) by adding at the end the following new 

20 clause: 

21 ‘‘(ii) for a reasonable period recommended 

22 by the Under Secretary for Health, not to ex23 ceed four years, during a public health emer24 gency declared by the President, the Secretary 


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1 of Health and Human Services, or such other 

2 authority as specified by the Secretary.’’. 

3 (b) LICENSED PROFESSIONAL MENTAL HEALTH

4 COUNSELOR.—Paragraph (11)(B) of such section is 

5 amended by striking the period at the end and inserting 

6 ‘‘, except that the Secretary may waive the requirement 

7 of licensure or certification for an individual professional 

8 mental health counselor for a reasonable period of time 

9 recommended by the Under Secretary for Health.’’. 

10 Subtitle C—Other Personnel 

11 Matters 

12 SEC. 221. ROLE OF OPTOMETRISTS IN DEPARTMENT OF 

13 VETERANS AFFAIRS. 

14 (a) INCLUSION AS PHYSICIAN.— 

15 (1) IN GENERAL.—Section 7413 of title 38, 

16 United States Code, is amended— 

17 (A) in the section heading, by inserting 

18 ‘‘and optometrists’’ after ‘‘podiatrists’’; 

19 (B) in subsection (a)— 

20 (i) by striking ‘‘a doctor of podiatric 

21 medicine who is appointed as a podiatrist 

22 under section 7401(1) of this title’’ and in23 serting ‘‘a covered individual’’; and 

24 (ii) by striking ‘‘such section’’ and in25 serting ‘‘section 7401(1) of this title’’; and 


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1 (C) by adding at the end the following new 

2 subsection: 

3 ‘‘(c) COVERED INDIVIDUAL DEFINED.—In this sec4 tion, the term ‘covered individual’ means any of the fol5 lowing: 

6 ‘‘(1) A doctor of podiatric medicine who is ap7 pointed as a podiatrist under section 7401(1) of this 

8 title. 

9 ‘‘(2) A doctor of optometry who is appointed as 

10 an optometrist under section 7401(1) of this title.’’. 

11 (2) CLERICAL AMENDMENT.—The table of sec12 tions at the beginning of subchapter I of chapter 74 

13 of such title is amended by striking the item relating 

14 to section 7413 and inserting the following new item 

‘‘7413. Treatment of podiatrists and optometrists; clinical oversight standards.’’. 

15 (b) CLARIFICATION OF ROLE.—Section 7306 of such 

16 title is amended— 

17 (1) in subsection (a)— 

18 (A) in paragraph (6), by striking ‘‘, a Di19 rector of Dietetic Service, and a Director of Op20 tometric Service’’ and inserting ‘‘and a Director 

21 of Dietetic Service’’; 

22 (B) by redesignating paragraph (12) as 

23 paragraph (13); and 

24 (C) by inserting after paragraph (11) the 

25 following new paragraph (12): 


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1 ‘‘(12) An Executive Director of Optometric 

2 Service, who shall be a qualified doctor of optometry 

3 and who shall be responsible to the Under Secretary 

4 for Health for the operation of the Optometric Serv5 ice.’’; 

6 (2) in subsection (b)(1), by inserting ‘‘optom7 etry,’’ after ‘‘podiatric medicine,’’; and 

8 (3) in subsection (c), by striking ‘‘and (10)’’ 

9 and inserting ‘‘(10), and (12)’’. 

10 SEC. 222. EXPANSION OF ANNUAL LEAVE OPTIONS FOR EM11 PLOYEES OF DEPARTMENT OF VETERANS AF12 FAIRS DURING PUBLIC HEALTH EMERGENCY. 

13 (a) ACCOUNT FOR CONSOLIDATION OF CERTAIN AN14 NUAL LEAVE.— 

15 (1) IN GENERAL.—Notwithstanding any other 

16 provision of law, the Secretary of Veterans Affairs 

17 shall consolidate into one restored annual leave ac18 count all annual leave restored pursuant to section 

19 6304(d)(1)(B) of title 5, United States Code, during 

20 calendar years 2020, 2021, and 2022 for covered 

21 employees who are employed by the Department of 

22 Veterans Affairs on the date of the enactment of 

23 this Act. 

24 (2) ADDITIONAL CALENDAR YEARS.—The Sec25 retary may consolidate into the annual leave account 


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1 described in paragraph (1) annual leave restored 

2 pursuant to section 6304(d)(1)(B) of such title dur3 ing calendar years not described in such paragraph 

4 with the approval of the Director of the Office of 

5 Personnel Management. 

6 (b) LEAVE EXPIRATION.—Annual leave consolidated 

7 into the annual leave account described in subsection 

8 (a)(1) shall be used before the later of— 

9 (1) January 9, 2027; and 

10 (2) the applicable deadline pursuant to section 

11 630.309 of title 5, Code of Federal Regulations, or 

12 successor regulation. 

13 (c) PROGRAM OF LUMP SUM PAYMENTS.— 

14 (1) IN GENERAL.—Subject to the availability of 

15 appropriations, the Secretary may establish a pro16 gram under which, during the period beginning on 

17 the date of the enactment of this Act and ending on 

18 January 9, 2027, a covered employee with annual 

19 leave described in subsection (a)(1) may elect to re20 ceive a single lump sum payment lin lieu of using 

21 such leave. 

22 (2) TREATMENT OF LUMP SUM PAYMENTS.—A 

23 lump sum payment under a program established 

24 under paragraph (1) shall be treated as separate 

25 and apart from any lump sum payment of annual 


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1 leave the covered employee may otherwise be entitled 

2 to upon separation from employment with the De3 partment. 

4 (d) COVERED EMPLOYEE DEFINED.—In this section, 

5 the term ‘‘covered employee’’ means an employee of the 

6 Department of Veterans Affairs who— 

7 (1) was appointed under chapter 73 or 74 of 

8 title 38, United States Code, notwithstanding section 

9 7421(a) of such title, section 7425(b) of such title, 

10 or any other provision of such chapter that impacts 

11 leave for such an employee; 

12 (2) was appointed under chapter 78 of such 

13 title; or 

14 (3) occupied any position under the jurisdiction 

15 of the Secretary of Veterans Affairs that is subject 

16 to the leave provisions of chapter 63 of title 5, 

17 United States Code. 

18 SEC. 223. EXPANSION OF REIMBURSEMENT OF CON19 TINUING PROFESSIONAL EDUCATION EX20 PENSES. 

21 (a) IN GENERAL.—Section 7411 of title 38, United 

22 States Code, is amended to read as follows: 


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1 ‘‘§ 7411. Reimbursement of continuing professional 

2 education expenses 

3 ‘‘The Secretary shall reimburse certain full-time 

4 health care professionals of the Department for expenses 

5 incurred for continuing professional education in amounts 

6 as follows: 

7 ‘‘(1) With respect to any physician, dentist, po8 diatrist, chiropractor, optometrist, registered nurse, 

9 or physician assistant appointed under section 

10 7401(1) of this title, not more than $1,000 per year 

11 for each such individual. 

12 ‘‘(2) With respect to any licensed practical or 

13 vocational nurse, medical technologist, pharmacist, 

14 pharmacy technician, psychologist, diagnostic 

15 radiologic technologist, or social worker appointed 

16 under section 7401(3) of this title, not more than 

17 $1,000 per year for each such individual.’’. 

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

19 at the beginning of subchapter I of chapter 74 of title 38, 

20 United States Code, is amended by striking the item relat21 ing to section 7411 and inserting the following new item: 

‘‘7411. Reimbursement of continuing professional education expenses.’’. 

22 SEC. 224. INCLUSION OF POLICE OFFICERS OF DEPART23 MENT OF VETERANS AFFAIRS AS LAW EN24 FORCEMENT OFFICERS. 

25 (a) DEFINITIONS.—In this section— 


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1 (1) the term ‘‘Director’’ means the Director of 

2 the Office of Personnel Management; 

3 (2) the term ‘‘Fund’’ means the Civil Service 

4 Retirement and Disability Fund; 

5 (3) the term ‘‘incumbent’’ means an individual 

6 who— 

7 (A) was appointed as a law enforcement 

8 officer before the date of enactment of this Act; 

9 and 

10 (B) is serving as a law enforcement officer 

11 on the date of enactment of this Act; 

12 (4) the term ‘‘law enforcement officer’’ means 

13 an individual who satisfies the requirements of sec14 tion 8331(20) or 8401(17) of title 5, United States 

15 Code, by virtue of the amendments made by this sec16 tion; 

17 (5) the term ‘‘prior service’’ means, with re18 spect to an incumbent who makes an election under 

19 subsection (c)(2), service performed by the incum20 bent before the date on which appropriate retirement 

21 deductions begin to be made under the election; and 

22 (6) the term ‘‘service’’ means service performed 

23 by an individual as a law enforcement officer. 

24 (b) CIVIL SERVICE RETIREMENT SYSTEM.— 


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1 (1) IN GENERAL.—Title 5, United States Code, 

2 is amended— 

3 (A) in section 8331(20), in the matter pre4 ceding subparagraph (A)— 

5 (i) by inserting ‘‘(or who is described 

6 in section 8401(17)(E))’’ after ‘‘criminal 

7 laws of the United States’’; and 

8 (ii) by inserting ‘‘(or who is so de9 scribed)’’ after ‘‘engaged in this activity’’; 

10 and 

11 (B) in section 8401(17)— 

12 (i) in subparagraph (C)— 

13 (I) by striking ‘‘subparagraph 

14 (A) and (B)’’ and inserting ‘‘subpara15 graph (A), (B), or (E)’’; and 

16 (II) by striking ‘‘and’’ at the end; 

17 (ii) in the flush text following sub18 paragraph (D)(iii), by adding ‘‘and’’ after 

19 the semicolon at the end; and 

20 (iii) by adding at the end the fol21 lowing: 

22 ‘‘(E) an employee of the Department of 

23 Veterans Affairs who is a Department police of24 ficer under section 902 of title 38, as deter25 mined by the Secretary of Veterans Affairs;’’. 


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1 (2) APPLICATION.—The amendments made by 

2 this subsection shall apply to any— 

3 (A) individual who is appointed as a law 

4 enforcement officer— 

5 (i) as defined in section 8331(20) or 

6 8401(17) of title 5, United States Code, as 

7 amended by this subsection; and 

8 (ii) on or after the date of enactment 

9 of this Act; and 

10 (B) incumbent, consistent with the require11 ments of this section. 

12 (c) TREATMENT OF SERVICE PERFORMED BY INCUM13 BENTS.— 

14 (1) SERVICE ON OR AFTER DATE OF ENACT15 MENT.—Service performed by an incumbent on or 

16 after the date of enactment of this Act shall be 

17 treated as service performed as a law enforcement 

18 officer. 

19 (2) SERVICE BEFORE DATE OF ENACTMENT.— 

20 Service performed by an incumbent before the date 

21 of enactment of this Act shall, for purposes of sub22 chapter III of chapter 83 and chapter 84 of title 5, 

23 United States Code, be treated as service performed 

24 as a law enforcement officer only if the incumbent 


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1 submits a written election to the Director by the ear2 lier of— 

3 (A) the date that is 5 years after the date 

4 of enactment of this Act; or 

5 (B) the day before the date on which the 

6 incumbent separates from the service. 

7 (d) INDIVIDUAL CONTRIBUTIONS FOR PRIOR SERV8 ICE.— 

9 (1) IN GENERAL.—An incumbent who makes an 

10 election under subsection (c)(2) may, with respect to 

11 prior service performed by the incumbent, pay a de12 posit into the Fund equal to the sum of— 

13 (A) the difference between— 

14 (i) the amount that would have been 

15 deducted during the period of prior service 

16 under section 8334 or 8422 of title 5, 

17 United States Code, from the pay of the 

18 incumbent if the amendments made by this 

19 section had been in effect during the prior 

20 service; and 

21 (ii) the amount that was deducted 

22 during the period of prior service under 

23 section 8334 or 8422 of title 5, United 

24 States Code; and 


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1 (B) interest on the amount described in 

2 subparagraph (A)(i), as computed under— 

3 (i) paragraphs (2) and (3) of section 

4 8334(e) of title 5, United States Code; and 

5 (ii) regulations promulgated by the 

6 Director. 

7 (2) EFFECT OF NOT CONTRIBUTING.—If an in8 cumbent does not pay the full amount of the deposit 

9 described in paragraph (1)— 

10 (A) all prior service of the incumbent shall 

11 remain fully creditable as a law enforcement of12 ficer; and 

13 (B) the resulting annuity shall be re14 duced— 

15 (i) in a manner similar to that de16 scribed in section 8334(d)(2) of title 5, 

17 United States Code; and 

18 (ii) to the extent necessary to make 

19 up the amount unpaid. 

20 (e) GOVERNMENT CONTRIBUTIONS FOR PRIOR SERV21 ICE.— 

22 (1) IN GENERAL.—If an incumbent makes an 

23 election under subsection (c)(2), an agency that em24 ployed the incumbent during any prior service of the 


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1 incumbent shall remit to the Director, for deposit in 

2 the Fund, an amount equal to the sum of— 

3 (A) the difference between— 

4 (i) the total amount of Government 

5 contributions that would have been paid 

6 under section 8334 or 8423 of title 5, 

7 United States Code, if the amendments 

8 made by this section had been in effect 

9 during the prior service; and 

10 (ii) the total amount of Government 

11 contributions paid under section 8334 or 

12 8423 of title 5, United States Code; and 

13 (B) interest on the amount described in 

14 subparagraph (A)(i), as computed in accordance 

15 with— 

16 (i) paragraphs (2) and (3) of section 

17 8334(e) of title 5, United States Code; and 

18 (ii) regulations promulgated by the 

19 Director. 

20 (2) CONTRIBUTIONS TO BE MADE RATABLY.— 

21 Government contributions under this subsection on 

22 behalf of an incumbent shall be made by the agency 

23 ratably (not less frequently than annually) over the 

24 10-year period beginning on the date described in 

25 subsection (a)(5). 


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1 (f) EXEMPTION FROM MANDATORY SEPARATION.— 

2 Notwithstanding sections 8335(b) and 8425(b) of title 5, 

3 United States Code, a law enforcement officer shall not 

4 be subject to mandatory separation during the 3-year pe5 riod beginning on the date of enactment of this Act. 

6 (g) REGULATIONS.—The Director shall prescribe reg7 ulations to carry out this section, and the amendments 

8 made by this section, including regulations for the applica9 tion of this section (and those amendments) in the case 

10 of any individual entitled to a survivor annuity (based on 

11 the service of an incumbent who dies before making an 

12 election under subsection (c)(2)), to the extent that any 

13 rights that would have been available to the decedent if 

14 still living. 

15 (h) RULE OF CONSTRUCTION.—Nothing in this sec16 tion, or an amendment made by this section, shall be con17 sidered to apply in the case of a reemployed annuitant. 

18 SEC. 225. DEPARTMENT OF VETERANS AFFAIRS PER19 SONNEL TRANSPARENCY. 

20 (a) IN GENERAL.—Section 505 of the John S. 

21 McCain III, Daniel K. Akaka, and Samuel R. Johnson VA 

22 Maintaining Internal Systems and Strengthening Inte23 grated Outside Networks Act of 2018 (Public Law 115– 

24 182; 38 U.S.C. 301 note) is amended— 

25 (1) in subsection (a)— 


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1 (A) in paragraph (1)— 

2 (i) in the matter before subparagraph 

3 (A), by striking ‘‘information,’’ and all 

4 that follows through ‘‘facility:’’ and insert5 ing ‘‘information:’’; 

6 (ii) in subparagraph (B)— 

7 (I) by inserting ‘‘(i)’’ before ‘‘The 

8 number’’; and 

9 (II) by adding at the end the fol10 lowing new clause: 

11 ‘‘(ii) Information made available under this 

12 subparagraph shall be updated not less fre13 quently than once each quarter to account for 

14 delays in data processing and shall reflect the 

15 most recently available data.’’; 

16 (iii) in subparagraph (C), by striking 

17 ‘‘vacancies, by occupation.’’ and inserting 

18 ‘‘positions currently undergoing a recruit19 ment action, disaggregated by occupation 

20 and by stage of recruitment, including pre21 posting, posting processing stage, recruit22 ment stage, onboarding stage, and waiting 

23 to start stage, or successor stages if modi24 fied.’’; and 


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1 (iv) by adding at the end the following 

2 new subparagraph: 

3 ‘‘(F) The number of positions vacated that 

4 the Secretary as decided not to backfill, 

5 disaggregated by occupation.’’; 

6 (B) by redesignating paragraph (5) as 

7 paragraph (6); 

8 (C) by inserting after paragraph (4) the 

9 following new paragraph (5): 

10 ‘‘(5) DISPLAY OF INFORMATION.—The display 

11 of information made publicly available on an Inter12 net website of the Department pursuant to para13 graph (1), subject to subparagraph (D) of such 

14 paragraph, shall be disaggregated— 

15 ‘‘(A) by departmental component; 

16 ‘‘(B) in the case of information relating to 

17 Veterans Health Administration positions, by 

18 medical facility; and 

19 ‘‘(C) in the case of information relating to 

20 Veterans Benefits Administration positions, by 

21 regional office.’’; and 

22 (D) in paragraph (6), as redesignated by 

23 subparagraph (B), by striking ‘‘shall’’ and all 

24 that follows and inserting ‘‘shall— 


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1 ‘‘(A) review the administration of the 

2 website required under paragraph (1); 

3 ‘‘(B) develop recommendations relating to 

4 the improvement of such administration; and 

5 ‘‘(C) submit to the Committee on Vet6 erans’ Affairs of the Senate and the Committee 

7 on Veterans’ Affairs of the House of Represent8 atives a report containing— 

9 ‘‘(i) the findings of the Inspector Gen10 eral with respect to the most recent review 

11 conducted under subparagraph (A); and 

12 ‘‘(ii) the recommendations most re13 cently developed under subparagraph 

14 (B).’’; and 

15 (2) by amending subsection (b) to read as fol16 lows: 

17 ‘‘(b) ANNUAL REPORT.—Each year, the Secretary 

18 shall submit to Congress an annual report that includes 

19 the following: 

20 ‘‘(1) A description of the steps the Department 

21 is taking to achieve full staffing capacity. 

22 ‘‘(2) A description of the actions the Depart23 ment is taking to improve the onboard timeline for 

24 facilities of the Department, including— 


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1 ‘‘(A) in the case of facilities of the Vet2 erans Health Administration, for facilities for 

3 which the duration of the onboarding process 

4 exceeds the metrics laid out in the Time to Hire 

5 Model of the Veterans Health Administration, 

6 or successor model; and 

7 ‘‘(B) in the case of Veterans Benefits Ad8 ministration, for regional offices that exceed the 

9 time-to-hire target of the Office of Personnel 

10 Management. 

11 ‘‘(3) The amount of additional funds necessary 

12 to enable the Department to reach full staffing ca13 pacity. 

14 ‘‘(4) Such recommendations for legislative or 

15 administrative action as the Secretary may have in 

16 order to achieve full staffing capacity at the Depart17 ment.’’. 

18 (b) EFFECTIVE DATE.—The amendments made by 

19 subsection (a) shall take effect on the date of the enact20 ment of this Act and shall apply with respect to the first 

21 update under section 505(a)(3) of such Act beginning 

22 after the date of the enactment of this Act and each up23 date thereafter. 


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1 SEC. 226. COMPTROLLER GENERAL REPORT ASSESSING 

2 HUMAN RESOURCES MODERNIZATION WITH3 IN VETERANS HEALTH ADMINISTRATION. 

4 (a) IN GENERAL.—Not later than 18 months after 

5 the date of the enactment of this Act, the Comptroller 

6 General of the United States shall submit to the Com7 mittee on Veterans’ Affairs of the Senate and the Com8 mittee on Veterans’ Affairs of the House of Representa9 tives a report on human resources modernization con10 ducted by the Veterans Health Administration (in this sec11 tion referred to as the ‘‘Administration’’). 

12 (b) ELEMENTS.—The report required by subsection 

13 (a) shall include an assessment of the following: 

14 (1) The Human Resources Modernization Pro15 gram of the Administration, including an assessment 

16 of the activities carried out under the Program, the 

17 results of those activities, and how the Administra18 tion measures the performance of those activities. 

19 (2) The human resources information tech20 nology systems of the Administration, including the 

21 performance, accuracy, efficiency, and user-ability of 

22 those systems for human resources professionals, 

23 managers with hiring authority, and other employees 

24 of the Administration who use those systems. 


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49 

•S 10 IS

1 (3) Metrics and timelines used to report hiring 

2 and vacancy data within the Administration, includ3 ing recruitment and retention data. 

4 (4) Trends in hiring, recruitment, retention, 

5 and vacancies among employees of the Administra6 tion. 

7 (5) The use by the Administration of authori8 ties and waivers for hiring flexibility, including an 

9 assessment of the standardization of use of such au10 thorities and waivers within each Veterans Inte11 grated Service Network. 

12 (6) Training, development, and workload of 

13 human resources professionals of the Administra14 tion. 

15 (7) Such other matters as the Comptroller Gen16 eral considers relevant. 

Æ 


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