I 
111TH CONGRESS 
1ST SESSION 
H. R. 919 
To amend title 38, United States Code, to enhance the capacity of the 
Department of Veterans Affairs to recruit and retain nurses and other 
critical health care professionals, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 9, 2009 
Ms. EDDIE BERNICE JOHNSON of Texas introduced the following bill; which 
was referred to the Committee on Veterans’ Affairs 
A BILL 
To amend title 38, United States Code, to enhance the 
capacity of the Department of Veterans Affairs to recruit 
and retain nurses and other critical health care profes-
sionals, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Veterans’ Medical Per-
sonnel Recruitment and Retention Act of 2009’’. 
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SEC. 2. ENHANCEMENT OF AUTHORITIES FOR RETENTION 
OF MEDICAL PROFESSIONALS. 
(a) SECRETARIAL AUTHORITY TO EXTEND TITLE 38 
STATUS TO ADDITIONAL POSITIONS.— 
(1) IN
GENERAL.—Paragraph (3) of section 
7401 of title 38, United States Code, is amended by 
striking ‘‘and blind rehabilitation outpatient special-
ists.’’ and inserting the following: ‘‘blind rehabilita-
tion outpatient specialists, and such other classes of 
health care occupations as the Secretary considers 
necessary for the recruitment and retention needs of 
the Department subject to the following require-
ments: 
‘‘(A) Not later than 45 days before the 
Secretary appoints any personnel for a class of 
health care occupations that is not specifically 
listed in this paragraph, the Secretary shall 
submit to the Committee on Veterans’ Affairs 
of the Senate, the Committee on Veterans’ Af-
fairs of the House of Representatives, and the 
Office of Management and Budget notice of 
such appointment. 
‘‘(B) Before submitting notice under sub-
paragraph (A), the Secretary shall solicit com-
ments from any labor organization representing 
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employees in such class and include such com-
ments in such notice.’’. 
(2) APPOINTMENT
OF
NURSE
ASSISTANTS.— 
Such paragraph is further amended by inserting 
‘‘nurse assistants,’’ after ‘‘licensed practical or voca-
tional nurses,’’. 
(b) PROBATIONARY PERIODS FOR NURSES.—Section 
7403(b) of such title is amended— 
(1) in paragraph (1), by striking ‘‘Appoint-
ments’’ and inserting ‘‘Except as otherwise provided 
in this subsection, appointments’’; 
(2) by redesignating paragraph (2) as para-
graph (4); and 
(3) by inserting after paragraph (1) the fol-
lowing new paragraphs: 
‘‘(2) An appointment of a nurse under this chapter, 
whether on a full-time basis or a part-time basis, shall be 
for a probationary period ending upon the completion by 
the person so appointed of 4,180 hours of work pursuant 
to such appointment. 
‘‘(3) An appointment described in subsection (a) on 
a part-time basis of a person who has previously served 
on a full-time basis for the probationary period for the 
position concerned shall be without a probationary pe-
riod.’’. 
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(c) PROHIBITION ON TEMPORARY PART-TIME NURSE 
APPOINTMENTS IN EXCESS OF 4,180 HOURS.—Section 
7405(f)(2) of such title is amended by inserting after 
‘‘year’’ the following: ‘‘, except that a part-time appoint-
ment of a nurse shall be for a period that does not exceed 
4,180 hours’’. 
(d) WAIVER OF OFFSET FROM PAY FOR CERTAIN 
REEMPLOYED ANNUITANTS.— 
(1) IN GENERAL.—Section 7405 of such title is 
amended by adding at the end the following: 
‘‘(g)(1) The Secretary may waive the application of 
sections 8344 and 8468 of title 5 (relating to annuities 
and pay on reemployment) or any other similar provision 
of law under a Government retirement system on a case- 
by-case basis for an annuitant reemployed on a temporary 
basis under the authority of subsection (a) in a position 
described under paragraph (1) of that subsection. 
‘‘(2) An annuitant for whom a waiver under para-
graph (1) is in effect shall not be considered an employee 
for purposes of any Government retirement system. 
‘‘(3) An annuitant for whom a waiver under para-
graph (1) is in effect shall be subject to the provisions 
of chapter 71 of title 5 (including all labor authority and 
labor representative collective bargaining agreements) ap-
plicable to the position to which appointed. 
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‘‘(4) In this subsection: 
‘‘(A) The term ‘annuitant’ means an annuitant 
under a Government retirement system. 
‘‘(B) The term ‘employee’ has the meaning 
under section 2105 of title 5. 
‘‘(C) The term ‘Government retirement system’ 
means a retirement system established by law for 
employees of the Government of the United States.’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall take effect on the date that 
is six months after the date of the enactment of this 
Act, and shall apply to pay periods beginning on or 
after such effective date. 
(e) MINIMUM RATE OF BASIC PAY FOR APPOINTEES 
TO
THE
OFFICE
OF
THE
UNDER
SECRETARY
FOR 
HEALTH SET TO LOWEST RATE OF BASIC PAY PAYABLE 
FOR A SENIOR EXECUTIVE SERVICE POSITION.— 
(1) IN GENERAL.—Section 7404(a) of such title 
is amended— 
(A) by striking ‘‘The annual’’ and insert-
ing ‘‘(1) The annual’’; 
(B) by striking ‘‘The pay’’ and inserting 
the following: 
‘‘(2) The pay’’; 
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(C) by striking ‘‘under the preceding sen-
tence’’ and inserting ‘‘under paragraph (1)’’; 
and 
(D) by adding at the end the following: 
‘‘(3) The minimum rate of basic pay for a position 
to which an Executive order applies under paragraph (1) 
and is not described by paragraph (2) may not be less 
than the lowest rate of basic pay payable for a Senior Ex-
ecutive Service position under section 5382 of title 5.’’. 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall take effect on the first day 
of the first pay period beginning after the day that 
is 180 days after the date of the enactment of this 
Act. 
(f) COMPARABILITY PAY PROGRAM FOR APPOINTEES 
TO
THE
OFFICE
OF
THE
UNDER
SECRETARY
FOR 
HEALTH.—Section 7410 of such title is amended— 
(1) by striking ‘‘The Secretary may’’ and in-
serting ‘‘(a) IN GENERAL.—The Secretary may’’; 
and 
(2) by adding at the end the following new sub-
section: 
‘‘(b) COMPARABILITY PAY FOR APPOINTEES TO THE 
OFFICE OF THE UNDER SECRETARY FOR HEALTH.—(1) 
The Secretary may authorize the Under Secretary for 
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Health to provide comparability pay of not more than 
$100,000 per year to individuals of the Veterans Health 
Administration appointed under section 7306 of this title 
who are not physicians or dentists to achieve annual pay 
levels for such individuals that are comparable with annual 
pay levels of individuals with similar positions in the pri-
vate sector. 
‘‘(2) Comparability pay under paragraph (1) for an 
individual is in addition to all other pay, awards, and per-
formance bonuses paid to such individual under this title. 
‘‘(3) Except as provided in paragraph (4), com-
parability pay under paragraph (1) for an individual shall 
be considered basic pay for all purposes, including retire-
ment benefits under chapters 83 and 84 of title 5, and 
other benefits. 
‘‘(4) Comparability pay under paragraph (1) for an 
individual shall not be considered basic pay for purposes 
of adverse actions under subchapter V of this chapter. 
‘‘(5) Comparability pay under paragraph (1) may not 
be awarded to an individual in an amount that would re-
sult in an aggregate amount of pay (including bonuses and 
awards) received by such individual in a year under this 
title that is greater than the annual pay of the Presi-
dent.’’. 
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(g) SPECIAL INCENTIVE PAY
FOR DEPARTMENT 
PHARMACIST EXECUTIVES.—Section 7410 of such title, 
as amended by subsection (f), is further amended by add-
ing at the end the following new subsection: 
‘‘(c) SPECIAL INCENTIVE PAY
FOR DEPARTMENT 
PHARMACIST EXECUTIVES.—(1) In order to recruit and 
retain highly qualified Department pharmacist executives, 
the Secretary may authorize the Under Secretary for 
Health to pay special incentive pay of not more than 
$40,000 per year to an individual of the Veterans Health 
Administration who is a pharmacist executive. 
‘‘(2) In determining whether and how much special 
pay to provide to such individual, the Under Secretary 
shall consider the following: 
‘‘(A) The grade and step of the position of the 
individual. 
‘‘(B) The scope and complexity of the position 
of the individual. 
‘‘(C) The personal qualifications of the indi-
vidual. 
‘‘(D) The characteristics of the labor market 
concerned. 
‘‘(E) Such other factors as the Secretary con-
siders appropriate. 
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‘‘(3) Special incentive pay under paragraph (1) for 
an individual is in addition to all other pay (including 
basic pay) and allowances to which the individual is enti-
tled. 
‘‘(4) Except as provided in paragraph (5), special in-
centive pay under paragraph (1) for an individual shall 
be considered basic pay for all purposes, including retire-
ment benefits under chapters 83 and 84 of title 5, and 
other benefits. 
‘‘(5) Special incentive pay under paragraph (1) for 
an individual shall not be considered basic pay for pur-
poses of adverse actions under subchapter V of this chap-
ter. 
‘‘(6) Special incentive pay under paragraph (1) may 
not be awarded to an individual in an amount that would 
result in an aggregate amount of pay (including bonuses 
and awards) received by such individual in a year under 
this title that is greater than the annual pay of the Presi-
dent.’’. 
(h) PAY FOR PHYSICIANS AND DENTISTS.— 
(1) NON-FOREIGN
COST
OF
LIVING
ADJUST-
MENT ALLOWANCE.—Section 7431(b) of such title is 
amended by adding at the end the following: 
‘‘(5) The non-foreign cost of living adjustment 
allowance authorized under section 5941 of title 5 
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for physicians and dentists whose pay is set under 
this section shall be determined as a percentage of 
base pay only.’’. 
(2) MARKET PAY DETERMINATIONS FOR PHYSI-
CIANS AND DENTISTS IN ADMINISTRATIVE OR EXEC-
UTIVE
LEADERSHIP
POSITIONS.—Section 
7431(c)(4)(B)(i) of such title is amended by adding 
at the end the following: ‘‘The Secretary may ex-
empt physicians and dentists occupying administra-
tive or executive leadership positions from the re-
quirements of the previous sentence.’’. 
(3) EXCEPTION
TO
PROHIBITION
ON
REDUC-
TION OF MARKET PAY.—Section 7431(c)(7) of such 
title is amended by striking ‘‘concerned.’’ and insert-
ing ‘‘concerned, unless there is a change in board 
certification or reduction of privileges.’’. 
(i) ADJUSTMENT OF PAY CAP FOR NURSES.—Sec-
tion 7451(c)(2) of such title is amended by striking ‘‘title 
5’’ and inserting ‘‘title 5 or in level of GS–15 as prescribed 
under section 5332 of such title, whichever is greater’’. 
(j) EXEMPTION FOR CERTIFIED REGISTERED NURSE 
ANESTHETISTS FROM LIMITATION ON AUTHORIZED COM-
PETITIVE PAY.—Section 7451(c)(2) of such title is further 
amended by adding at the end the following new sentence: 
‘‘The maximum rate of basic pay for a grade for the posi-
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tion of certified registered nurse anesthetist pursuant to 
an adjustment under subsection (d) may exceed the max-
imum rate otherwise provided in the preceding sentence.’’. 
(k) LOCALITY PAY SCALE COMPUTATIONS.— 
(1) EDUCATION, TRAINING, AND SUPPORT FOR 
FACILITY DIRECTORS IN WAGE SURVEYS.—Section 
7451(d)(3) of such title is amended by adding at the 
end the following new subparagraph: 
‘‘(F) The Under Secretary for Health shall provide 
appropriate education, training, and support to directors 
of Department health-care facilities in the conduct and use 
of surveys under this paragraph.’’. 
(2) INFORMATION ON METHODOLOGY USED IN 
WAGE SURVEYS.—Section 7451(e)(4) of such title is 
amended— 
(A) by redesignating subparagraph (D) as 
subparagraph (E); and 
(B) by inserting after subparagraph (C) 
the following new subparagraph (D): 
‘‘(D) In any case in which the director conducts 
such a wage survey during the period covered by the 
report and makes adjustment in rates of basic pay 
applicable to one or more covered positions at the fa-
cility, information on the methodology used in mak-
ing such adjustment or adjustments.’’. 
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(3) DISCLOSURE OF INFORMATION TO PERSONS 
IN COVERED POSITIONS.—Section 7451(e) of such 
title is further amended by adding at the end the 
following new paragraph: 
‘‘(6)(A) Upon the request of an individual described 
in subparagraph (B) for a report provided under para-
graph (4) with respect to a Department health care facil-
ity, the Under Secretary for Health or the director of such 
facility shall provide to the individual the most current re-
port for such facility provided under such paragraph. 
‘‘(B) An individual described in this subparagraph 
is— 
‘‘(i) an individual in a covered position at a De-
partment health care facility; or 
‘‘(ii) a representative of the labor organization 
representing that individual who is designated by 
that individual to make the request.’’. 
(l) INCREASED LIMITATION ON SPECIAL PAY FOR 
NURSE EXECUTIVES.—Section 7452(g)(2) of such title is 
amended 
by 
striking 
‘‘$25,000’’ 
and 
inserting 
‘‘$100,000’’. 
(m) ELIGIBILITY OF PART-TIME NURSES FOR ADDI-
TIONAL NURSE PAY.— 
(1) IN GENERAL.—Section 7453 of such title is 
amended— 
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(A) in subsection (a), by striking ‘‘a 
nurse’’ and inserting ‘‘a full-time nurse or part- 
time nurse’’; 
(B) in subsection (b)— 
(i) in the first sentence— 
(I) by striking ‘‘on a tour of 
duty’’; 
(II) by striking ‘‘on such tour’’; 
and 
(III) by striking ‘‘of such tour’’ 
and inserting ‘‘of such service’’; and 
(ii) in the second sentence, by striking 
‘‘of such tour’’ and inserting ‘‘of such serv-
ice’’; 
(C) in subsection (c)— 
(i) by striking ‘‘on a tour of duty’’; 
and 
(ii) by striking ‘‘on such tour’’; and 
(D) in subsection (e)— 
(i) in paragraph (1), by striking 
‘‘eight hours in a day’’ and inserting 
‘‘eight consecutive hours’’; and 
(ii) in paragraph (5)(A), by striking 
‘‘tour of duty’’ and inserting ‘‘period of 
service’’. 
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(2) EXCLUSION
OF
APPLICATION
OF
ADDI-
TIONAL NURSE PAY PROVISIONS TO CERTAIN ADDI-
TIONAL
EMPLOYEES.—Section 7454(b)(3) of such 
title is amended to read as follows: 
‘‘(3) Employees appointed under section 7408 of this 
title performing service on a tour of duty, any part of 
which is within the period commencing at midnight Friday 
and ending at midnight Sunday, shall receive additional 
pay in addition to the rate of basic pay provided such em-
ployees for each hour of service on such tour at a rate 
equal to 25 percent of such employee’s hourly rate of basic 
pay.’’. 
(n) EXEMPTION OF ADDITIONAL NURSE POSITIONS 
FROM LIMITATION ON INCREASE IN RATES OF BASIC 
PAY.—Section 7455(c)(1) of such title is amended by in-
serting after ‘‘nurse anesthetists,’’ the following: ‘‘licensed 
practical nurses, licensed vocational nurses, and nursing 
positions otherwise covered by title 5,’’. 
SEC. 3. LIMITATIONS ON OVERTIME DUTY, WEEKEND DUTY, 
AND ALTERNATIVE WORK SCHEDULES FOR 
NURSES. 
(a) OVERTIME DUTY.— 
(1) IN GENERAL.—Subchapter IV of chapter 74 
of title 38, United States Code, is amended by add-
ing at the end the following new section: 
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‘‘§ 7459. Nurses: special rules for overtime duty 
‘‘(a) LIMITATION.—Except as provided in subsection 
(c), the Secretary may not require a nurse to work more 
than 40 hours (or 24 hours if such nurse is covered under 
section 7456) in an administrative work week or more 
than eight consecutive hours (or 12 hours if such nurse 
is covered under section 7456 or 7456A). 
‘‘(b) VOLUNTARY OVERTIME.—(1) A nurse may on 
a voluntary basis elect to work hours otherwise prohibited 
by subsection (a). 
‘‘(2) The refusal of a nurse to work hours prohibited 
by subsection (a) shall not be grounds to discriminate 
(within the meaning of section 704(a) of the Civil Rights 
Act of 1964 (42 U.S.C. 2000e–3(a))) against the nurse, 
to dismiss or discharge the nurse, or to take any other 
adverse personnel action against the nurse. 
‘‘(c) 
OVERTIME
UNDER
EMERGENCY
CIR-
CUMSTANCES.—(1) Subject to paragraph (2), the Sec-
retary may require a nurse to work hours otherwise pro-
hibited by subsection (a) if— 
‘‘(A) the work is a consequence of an emer-
gency that could not have been reasonably antici-
pated; 
‘‘(B) the emergency is non-recurring and is not 
caused by or aggravated by the inattention of the 
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Secretary or lack of reasonable contingency planning 
by the Secretary; 
‘‘(C) the Secretary has exhausted all good faith, 
reasonable attempts to obtain voluntary workers; 
‘‘(D) the nurse has critical skills and expertise 
that are required for the work; and 
‘‘(E) the work involves work for which the 
standard of care for a patient assignment requires 
continuity of care through completion of a case, 
treatment, or procedure. 
‘‘(2) A nurse may not be required to work hours 
under this subsection after the requirement for a direct 
role by the nurse in responding to medical needs resulting 
from the emergency ends. 
‘‘(d) NURSE DEFINED.—In this section, the term 
‘nurse’ includes the following: 
‘‘(1) A registered nurse. 
‘‘(2) A licensed practical or vocational nurse. 
‘‘(3) A nurse assistant appointed under this 
chapter or title 5. 
‘‘(4) Any other nurse position designated by the 
Secretary for purposes of this section.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 74 of such title is 
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amended by inserting after the item relating to sec-
tion 7458 the following new item: 
‘‘7459. Nurses: special rules for overtime duty.’’. 
(b) WEEKEND DUTY.—Section 7456 of such title is 
amended— 
(1) in subsection (a) by striking ‘‘regularly 
scheduled 12-hour tour of duty’’ and inserting 
‘‘scheduled 12-hour periods of service’’; 
(2) in subsection (b)— 
(A) in paragraph (2), by striking ‘‘service 
performed as part of a regularly scheduled 12- 
hour tour of duty’’ and inserting ‘‘any service 
performed’’; and 
(B) in paragraph (3)— 
(i) in subparagraph (A), by striking 
‘‘regularly scheduled two 12-hour tours of 
duty’’ and inserting ‘‘scheduled 12-hour 
period of service’’; 
(ii) in subparagraph (B), by striking 
‘‘regularly scheduled two 12-hour tour of 
duty’’ and inserting ‘‘scheduled 12-hour 
period of service’’; and 
(iii) in subparagraph (C), by striking 
‘‘regularly scheduled two 12-hour tours of 
duty’’ and inserting ‘‘scheduled two 12- 
hour periods of service’’; 
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(3) by striking subsection (c); and 
(4) by redesignating subsection (d) as sub-
section (c). 
(c) ALTERNATE WORK SCHEDULES.— 
(1) IN GENERAL.—Section 7456A(b)(1)(A) of 
such title is amended by striking ‘‘three regularly 
scheduled’’ and all that follows through the period at 
the end and inserting ‘‘six regularly scheduled 12- 
hour periods of service within a pay period shall be 
considered for all purposes to have worked a full 80- 
hour pay period.’’. 
(2) 
CONFORMING
AMENDMENTS.—Section 
7456A(b) of such title is amended— 
(A) in the subsection heading, by striking 
‘‘36/40’’ and inserting ‘‘72/80’’; 
(B) in paragraph (2)— 
(i) in subparagraph (A), by striking 
‘‘40-hour basic work week’’ and inserting 
‘‘80-hour pay period’’; 
(ii) in subparagraph (B), by striking 
‘‘regularly scheduled 36-hour tour of duty 
within the work week’’ and inserting 
‘‘scheduled 72-hour period of service within 
the bi-weekly pay period’’; 
(iii) in subparagraph (C)— 
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(I) in clause (i), by striking ‘‘reg-
ularly scheduled 36-hour tour of duty 
within an administrative work week’’ 
and inserting ‘‘scheduled 72-hour pe-
riod of service within an administra-
tive pay period’’; 
(II) in clause (ii), by striking 
‘‘regularly scheduled 12-hour tour of 
duty’’ and inserting ‘‘scheduled 12- 
hour period of service’’; and 
(III) in clause (iii), by striking 
‘‘regularly scheduled 36-hour tour of 
duty 
work 
week’’ 
and 
inserting 
‘‘scheduled 72-hour period of service 
pay period’’; and 
(iv) in subparagraph (D), by striking 
‘‘regularly scheduled 12-hour tour of duty’’ 
and inserting ‘‘scheduled 12-hour period of 
service’’; and 
(C) in paragraph (3), by striking ‘‘regu-
larly scheduled 12-hour tour of duty’’ and in-
serting ‘‘scheduled 12-hour period of service’’. 
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SEC. 4. IMPROVEMENTS TO CERTAIN EDUCATIONAL AS-
SISTANCE PROGRAMS. 
(a) REINSTATEMENT OF HEALTH PROFESSIONALS 
EDUCATIONAL ASSISTANCE SCHOLARSHIP PROGRAM.— 
(1) IN
GENERAL.—Section 7618 of title 38, 
United States Code, is amended by striking ‘‘Decem-
ber 31, 1998’’ and inserting ‘‘December 31, 2013’’. 
(2) EXPANSION
OF
ELIGIBILITY
REQUIRE-
MENTS.—Paragraph (2) of section 7612(b) of such 
title is amended by striking ‘‘(under section’’ and all 
that follows through the period at the end and in-
serting the following: ‘‘as an appointee under para-
graph (1) or (3) of section 7401 of this title.’’. 
(b) IMPROVEMENTS TO EDUCATION DEBT REDUC-
TION PROGRAM.— 
(1) INCLUSION OF EMPLOYEE RETENTION AS 
PURPOSE OF PROGRAM.—Section 7681(a)(2) of such 
title is amended by inserting ‘‘and retention’’ after 
‘‘recruitment’’ the first time it appears. 
(2) ELIGIBILITY.—Section 7682 of such title is 
amended— 
(A) in subsection (a)(1), by striking ‘‘a re-
cently appointed’’ and inserting ‘‘an’’; and 
(B) by striking subsection (c). 
(3) MAXIMUM AMOUNTS OF ASSISTANCE.—Sec-
tion 7683(d)(1) of such title is amended— 
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(A) by striking ‘‘$44,000’’ and inserting 
‘‘$60,000’’; and 
(B) by striking ‘‘$10,000’’ and inserting 
‘‘$12,000’’. 
(c) LOAN REPAYMENT PROGRAM FOR CLINICAL RE-
SEARCHERS FROM DISADVANTAGED BACKGROUNDS.— 
(1) IN GENERAL.—The Secretary of Veterans 
Affairs, in consultation with the Secretary of Health 
and Human Services, may utilize the authorities 
available in section 487E of the Public Health Serv-
ice Act (42 U.S.C. 288–5) for the repayment of the 
principal and interest of educational loans of appro-
priately qualified health professionals who are from 
disadvantaged backgrounds in order to secure clin-
ical research by such professionals for the Veterans 
Health Administration. 
(2) LIMITATIONS.—The exercise by the Sec-
retary of Veterans Affairs of the authorities referred 
to in paragraph (1) shall be subject to the conditions 
and limitations specified in paragraphs (2) and (3) 
of section 487E(a) of the Public Health Service Act 
(42 U.S.C. 288–5(2) and (3)). 
(3) FUNDING.—Amounts for the repayment of 
principal and interest of educational loans under this 
subsection shall be derived from amounts available 
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to the Secretary of Veterans for the Veterans Health 
Administration for Medical Services. 
Æ 
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