I 
110TH CONGRESS 
2D SESSION 
H. R. 6153 
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 
MAY 22, 2008 
Ms. EDDIE BERNICE JOHNSON of Texas (for herself, Mr. RODRIGUEZ, Ms. 
CORRINE BROWN of Florida, Mrs. CAPPS, Mrs. MCCARTHY of New York, 
and Mr. BURGESS) 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 2008’’. 
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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 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 to 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 to 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. 
‘‘(4) In this subsection: 
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‘‘(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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(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 the level of GS–15 as pre-
scribed 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: 
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‘‘The maximum rate of basic pay for a grade for the posi-
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-
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cility, information on the methodology used in mak-
ing such adjustment or adjustments.’’. 
(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.— 
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