I
107TH CONGRESS
1ST SESSION
H. R. 3017
To amend title 38, United States Code, to enhance the authority of the
Secretary of Veterans Affairs to recruit and retain qualified nurses
for the Veterans Health Administration, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 3, 2001
Mr. UDALL of New Mexico (for himself, Mrs. MCCARTHY of New York, Mrs.
KELLY, and Mr. DOYLE) 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
authority of the Secretary of Veterans Affairs to recruit
and retain qualified nurses for the Veterans Health Ad-
ministration, 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; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Department of Veterans Affairs Nurse Recruitment and
Retention Enhancement Act of 2001’’.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. References to title 38, United States Code.
TITLE I—ENHANCEMENT OF RECRUITMENT AUTHORITIES
Sec. 101. Enhancement of employee incentive scholarship program.
Sec. 102. Enhancement of education debt reduction program.
Sec. 103. Report on requests for waivers of pay reductions for reemployed an-
nuitants to fill nurse positions.
TITLE II—ENHANCEMENT OF RETENTION AUTHORITIES
Sec. 201. Additional pay for Saturday tours of duty for additional health care
professional in the Veterans Health Administration.
Sec. 202. Unused sick leave included in annuity computation of registered
nurses with the Veterans Health Administration.
Sec. 203. Evaluation of Department of Veterans Affairs nurse managed clinics.
Sec. 204. Staffing levels for operations of medical facilities.
Sec. 205. Annual report on use of authorities to enhance retention of experi-
enced nurses.
Sec. 206. Report on mandatory overtime for nurses and nurse assistants in De-
partment of Veterans Affairs facilities.
TITLE III—OTHER MATTERS
Sec. 301. Organizational responsibility of the Director of the Nursing Service.
Sec. 302. Computation of annuity for part-time service performed by certain
health-care professionals before April 7, 1986.
Sec. 303. Modification of nurse locality pay authorities.
Sec. 304. Technical amendments.
SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in
this Act an amendment or repeal is expressed in terms
of an amendment to, or repeal of, a section or other provi-
sion, the reference shall be considered to be made to a
section or other provision of title 38, United States Code.
TITLE I—ENHANCEMENT OF
RECRUITMENT AUTHORITIES
SEC. 
101. 
ENHANCEMENT 
OF 
EMPLOYEE 
INCENTIVE
SCHOLARSHIP PROGRAM.
(a) PERMANENT AUTHORITY.—(1) Section 7676 is
repealed.
(2) The table of sections at the beginning of chapter
76 is amended by striking the item relating to section
7676.
(b) MINIMUM PERIOD OF DEPARTMENT EMPLOY-
MENT FOR ELIGIBILITY.—Section 7672(b) is amended by
striking ‘‘2 years’’ and inserting ‘‘one year’’.
(c) SCHOLARSHIP AMOUNT.—Subsection (b) of sec-
tion 7673 is amended—
(1) in paragraph (1), by striking ‘‘for any one
year’’ and inserting ‘‘for the equivalent of one year
of full-time coursework’’; and
(2) by striking paragraph (2) and inserting the
following new paragraph (2):
‘‘(2) in the case of a participant in the Program
who is a part-time student, shall bear the same ratio
to the amount that would be paid under paragraph
(1) if the participant were a full-time student in the
course of education or training being pursued by the
participant as the coursework carried by the student
bears to full-time coursework in that course of edu-
cation or training.’’.
(d) LIMITATION ON PAYMENT.—Subsection (c) of
section 7673 is amended to read as follows:
‘‘(c) LIMITATIONS ON PERIOD OF PAYMENT.—(1)
The maximum number of school years for which a scholar-
ship may be paid under subsection (a) to a participant
in the Program shall be six school years.
‘‘(2) A participant in the Program may not receive
a scholarship under subsection (a) for more than the
equivalent of three years of full-time coursework.’’.
(e) FULL-TIME COURSEWORK.—Section 7673 is fur-
ther amended by adding at the end the following new sub-
section:
‘‘(e) FULL-TIME COURSEWORK.—For purposes of
this section, full-time coursework shall consist of the fol-
lowing:
‘‘(1) In the case of undergraduate coursework,
30 semester hours per undergraduate school year.
‘‘(2) In the case of graduate coursework, 18 se-
mester hours per graduate school year.’’.
(f) ANNUAL ADJUSTMENT OF MAXIMUM SCHOLAR-
SHIP AMOUNT.—Section 7631 is amended—
(1) in subsection (a)(1), by striking ‘‘and the
maximum 
Selected 
Reserve 
member 
stipend
amount’’ and inserting ‘‘the maximum Selected Re-
serve member stipend amount, the maximum em-
ployee incentive scholarship amount,’’; and
(2) in subsection (b)—
(A) by redesignating paragraph (4) as
paragraph (6); and
(B) by inserting after paragraph (3) the
following new paragraph (4):
‘‘(4) The term ‘maximum employee incentive
scholarship amount’ means the maximum amount of
the scholarship payable to a participant in the De-
partment of Veterans Affairs Employee Incentive
Scholarship Program under subchapter VI of this
chapter, as specified in section 7673(b)(1) of this
title and as previously adjusted (if at all) in accord-
ance with this section.’’.
SEC. 102. ENHANCEMENT OF EDUCATION DEBT REDUC-
TION PROGRAM.
(a) PERMANENT AUTHORITY.—(1) Section 7684 is
repealed.
(2) The table of sections at the beginning of chapter
76 is amended by striking the item relating to section
7684.
(b) ELIGIBLE INDIVIDUALS.—Subsection (a)(1) of
section 7682 is amended—
(1) by striking ‘‘under an appointment under
section 7402(b) of this title in a position’’ and in-
serting ‘‘in a position (as determined by the Sec-
retary) providing direct-patient care services or serv-
ices incident to direct-patient care services’’; and
participant in the Department of Veterans Affairs
Education Debt Reduction Program under sub-
chapter VII of this chapter, as specified in section
7683(d)(1) of this title and as previously adjusted
(if at all) in accordance with this section.’’.
(2) Notwithstanding section 7631(a)(1) of title 38,
United States Code, as amended by paragraph (1), the
Secretary of Veterans Affairs shall not increase the max-
imum education debt reduction payments amount under
that section in calendar year 2002.
(e) TEMPORARY EXPANSION OF INDIVIDUALS ELIGI-
BLE
FOR PARTICIPATION
IN PROGRAM.—(1) Notwith-
standing section 7682(c) of title 38, United States Code,
the Secretary of Veterans Affairs may treat a covered indi-
vidual as being a recently appointed employee in the Vet-
erans Health Administration under section 7682(a) of
that title for purposes of eligibility in the Education Debt
Reduction Program if the Secretary determines that the
participation of the individual in the Program under this
subsection would further the purposes of the Program.
(2) For purposes of this subsection, a covered indi-
vidual is any individual otherwise described by section
7682(a) of title 38, United States Code, as in effect on
the day before the date of the enactment of this Act,
who—
(A) was appointed as an employee in a position
described in paragraph (1) of that section, as so in
effect, between January 1, 1999, and September 30,
2000; and
(B) is an employee in such position, or in an-
other position described in paragraph (1) of that
section, as so in effect, at the time of application for
treatment as a covered individual under this sub-
section.
(3) The Secretary shall make determinations regard-
ing the exercise of the authority in this subsection on a
case-by-case basis.
(4) The Secretary may not exercise the authority in
this subsection after December 31, 2001. The expiration
of the authority in this subsection shall not affect the
treatment of an individual under this subsection before
that date as a covered individual for purposes of eligibility
in the Education Debt Reduction Program.
(5) In this subsection, the term ‘‘Education Debt Re-
duction Program’’ means the Department of Veterans Af-
fairs Education Debt Reduction Program under sub-
chapter VII of chapter 76 of title 38, United States Code.
SEC. 103. REPORT ON REQUESTS FOR WAIVERS OF PAY RE-
DUCTIONS FOR REEMPLOYED ANNUITANTS
TO FILL NURSE POSITIONS.
(a) REPORT.—Not later than November 30 of each
of 2001 and 2002, the Secretary of Veterans Affairs shall
submit to the Committees on Veterans’ Affairs of the Sen-
ate and the House of Representatives a report describing
each request of the Secretary, during the fiscal year pre-
ceding such report, to the Director of the Office of Per-
sonnel Management for the following:
(1) A waiver under subsection (i)(1)(A) of sec-
tion 8344 of title 5, United States Code, of the pro-
visions of such section in order to meet requirements
of the Department of Veterans Affairs for appoint-
ments to nurse positions in the Veterans Health Ad-
ministration.
(2) A waiver under subsection (f)(1)(A) of sec-
tion 8468 of title 5, United States Code, of the pro-
visions of such section in order to meet requirements
of the Department for appointments to such posi-
tions.
(3) A grant of authority under subsection
(i)(1)(B) of section 8344 of title 5, United States
Code, for the waiver of the provisions of such section
in order to meet requirements of the Department for
appointments to such positions.
(4) A grant of authority under subsection
(f)(1)(B) of section 8468 of title 5, United States
Code, for the waiver of the provisions of such section
in order to meet requirements of the Department for
appointments to such positions.
(b) INFORMATION ON RESPONSES TO REQUESTS.—
The report under subsection (a) shall specify for each re-
quest covered by the report—
(1) the response of the Director to such re-
quest; and
(2) if such request was granted, whether or not
the waiver or authority, as the case may be, assisted
the Secretary in meeting requirements of the De-
partment for appointments to nurse positions in the
Veterans Health Administration.
TITLE II—ENHANCEMENT OF
RETENTION AUTHORITIES
SEC. 201. ADDITIONAL PAY FOR SATURDAY TOURS OF DUTY
FOR ADDITIONAL HEALTH CARE PROFES-
SIONAL IN THE VETERANS HEALTH ADMINIS-
TRATION.
(a) IN GENERAL.—Section 7454(b) is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and
(2) by adding at the end the following new
paragraph:
‘‘(2) Health care professionals employed in positions
referred to in paragraph (1) shall be entitled to additional
pay on the same basis as provided for nurses in section
7453(c) of this title.’’.
(b) APPLICABILITY.—The amendments made by sub-
section (a) shall take effect on the date of the enactment
of this Act, and shall apply with respect to pay periods
beginning on or after that date.
SEC. 202. UNUSED SICK LEAVE INCLUDED IN ANNUITY
COMPUTATION 
OF 
REGISTERED 
NURSES
WITH THE VETERANS HEALTH ADMINISTRA-
TION.
(a) ANNUITY COMPUTATION.—Section 8415 of title
5, United States Code, is amended by adding at the end
the following:
‘‘(i) In computing an annuity under this subchapter,
the total service of an employee who retires from the posi-
tion of a registered nurse with the Veterans Health Ad-
ministration on an immediate annuity, or dies while em-
ployed in that position leaving any survivor entitled to an
annuity, includes the days of unused sick leave to the cred-
it of that employee under a formal leave system, except
that such days shall not be counted in determining average
pay or annuity eligibility under this subchapter.’’.
(b) DEPOSIT NOT REQUIRED.—Section 8422(d) of
title 5, United States Code, is amended—
(1) by inserting ‘‘(1)’’ before ‘‘Under such regu-
lations’’; and
(2) by adding at the end the following:
‘‘(2) Deposit may not be required for days of unused
sick leave credited under section 8415(i).’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall take effect 60 days after the date of the
enactment of this Act, and shall apply to individuals who
separate from service on or after that effective date.
SEC. 203. EVALUATION OF DEPARTMENT OF VETERANS AF-
FAIRS NURSE MANAGED CLINICS.
(a) EVALUATION.—The Secretary of Veterans Affairs
shall carry out an evaluation of the efficacy of the nurse
managed health care clinics of the Department of Vet-
erans Affairs. The Secretary shall complete the evaluation
not later than 18 months after the date of the enactment
of this Act.
(b) CLINICS TO BE EVALUATED.—(1) In carrying
out the evaluation under subsection (a), the Secretary con-
sider nurse managed health care clinics, including primary
care clinics and geriatric care clinics, located in three dif-
ferent Veterans Integrated Service Networks (VISNs) of
the Department.
(2) If there are not nurse managed health care clinics
located in three different Veterans Integrated Service Net-
works as of the commencement of the evaluation, the Sec-
retary shall—
(A) establish nurse managed health care clinics
in additional Veterans Integrated Services Networks
such that there are nurse managed health care clin-
ics in three different Veterans Integrated Service
Networks for purposes of the evaluation; and
(B) include such clinics, as so established, in
the evaluation.
(c) MATTERS TO BE EVALUATED.—In carrying out
the evaluation under subsection (a), the Secretary shall
address the following:
(1) Patient satisfaction.
(2) Provider experiences.
(3) Cost of care.
(4) Access to care, including waiting time for
care.
(5) The functional status of patients receiving
care.
(6) Any other matters the Secretary considers
appropriate.
(d) REPORT.—Not later than 18 months after the
date of the enactment of this Act, the Secretary shall sub-
mit to the Committees on Veterans’ Affairs of the Senate
and the House of Representatives a report on the evalua-
tion carried out under subsection (a). The report shall ad-
dress the matters specified in subsection (c) and include
any other information, and any recommendations, that the
Secretary considers appropriate.
SEC. 204. STAFFING LEVELS FOR OPERATIONS OF MEDICAL
FACILITIES.
(a) IN GENERAL.—Section 8110(a) is amended—
(1) in paragraph (1), by inserting after ‘‘com-
plete care of patients,’’ in the fifth sentence the fol-
lowing: ‘‘and in a manner consistent with the poli-
cies of the Secretary on overtime,’’; and
(2) in paragraph (2)—
(A) by inserting ‘‘, including the staffing
required to maintain such capacities,’’ after ‘‘all
Department medical facilities’’;
(B) by striking ‘‘and to minimize’’ and in-
serting ‘‘, to minimize’’; and
(C) by inserting before the period the fol-
lowing: ‘‘, and to ensure that eligible veterans
are provided such care and services in an ap-
propriate manner’’.
(b) NATIONWIDE POLICY ON STAFFING.—Paragraph
(3) of that section is amended—
(1) in subparagraph (A), by inserting ‘‘the ade-
quacy of staff levels for compliance with the policy
established under subparagraph (C),’’ after ‘‘regard-
ing’’; and
(2) by inserting after subparagraph (B) the fol-
lowing new subparagraph:
‘‘(C) The Secretary shall, in consultation with the
Under Secretary for Health, establish a nationwide policy
on the staffing of Department medical facilities in order
to ensure that such facilities have adequate staff for the
provision to veterans of appropriate, high-quality care and
services. The policy shall take into account the staffing
levels and mixture of staff skills required for the range
of care and services provided veterans in Department fa-
cilities.’’.
SEC. 205. ANNUAL REPORT ON USE OF AUTHORITIES TO
ENHANCE 
RETENTION 
OF 
EXPERIENCED
NURSES.
(a) ANNUAL REPORT.—(1) Subchapter II of chapter
73 is amended by adding at the end the following new
section:
‘‘§ 7324. Annual report on use of authorities to en-
hance retention of experienced nurses
‘‘(a) ANNUAL REPORT.—Not later than January 31
each year, the Secretary, acting through the Under Sec-
retary for Health, shall submit to Congress a report on
the use during the preceding year of authorities for pur-
poses of retaining experienced nurses in the Veterans
Health Administration, as follows:
‘‘(1) The authorities under chapter 76 of this
title.
‘‘(2) The authority under VA Directive 5102.1,
relating to the Department of Veterans Affairs
nurse qualification standard, dated November 10,
1999, or any successor directive.
‘‘(3) Any other authorities available to the Sec-
retary for those purposes.
‘‘(b) REPORT ELEMENTS.—Each report under sub-
section (a) shall specify for the period covered by such re-
port, for each Department medical facility and for each
Veterans Integrated Service Network, the following:
‘‘(1) The number of waivers requested under
the authority referred to in subsection (a)(2), and
the number of waivers granted under that authority,
to promote to the Nurse II grade or Nurse III grade
under the Nurse Schedule under section 7404(b)(1)
of this title any nurse who has not completed a
bachelors of science in nursing in a recognized
school of nursing, set forth by age, race, and years
of experience of the individuals subject to such waiv-
er requests and waivers, as the case may be.
‘‘(2) The programs carried out to facilitate the
use of nursing education programs by experienced
nurses, including programs for flexible scheduling,
scholarships, salary replacement pay, and on-site
classes.’’.
(2) The table of sections at the beginning of chapter
73 is amended by inserting after the item relating to sec-
tion 7323 the following new item:
‘‘7324. Annual report on use of authorities to enhance retention of experienced
nurses.’’.
(b) INITIAL REPORT.—The initial report required
under section 7324 of title 38, United States Code, as
added by subsection (a), shall be submitted in 2002.
SEC. 206. REPORT ON MANDATORY OVERTIME FOR NURSES
AND NURSE ASSISTANTS IN DEPARTMENT OF
VETERANS AFFAIRS FACILITIES.
(a) REPORT.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Veterans
Affairs shall submit to the Committees on Veterans’ Af-
fairs of the Senate and the House of Representatives a
report on the mandatory overtime required of licensed
nurses and nurse assistants providing direct patient care
at Department of Veterans Affairs medical facilities dur-
ing 2001.
(b) MANDATORY OVERTIME.—For purposes of the
report under subsection (a), mandatory overtime shall con-
sist of any period in which a nurse or nurse assistant is
mandated or otherwise required, whether directly or indi-
rectly, to work or be in on-duty status in excess of—
(1) a scheduled workshift or duty period;
(2) 12 hours in any 24-hour period; or
(3) 80 hours in any period of 14 consecutive
days.
(c) ELEMENTS.—The report under subsection (a)
shall include the following:
(1) A description of the amount of mandatory
overtime described in that subsection at each De-
partment medical facility during the period covered
by the report.
(2) A description of the mechanisms employed
by the Secretary to monitor overtime of the nurses
and nurse assistants referred to in that subsection.
(3) An assessment of the effects of the manda-
tory overtime of such nurses and nurse assistants on
patient care, including its contribution to medical er-
rors.
(4) Recommendations regarding mechanisms
for preventing requirements for amounts of manda-
tory overtime in other than emergency situations by
such nurses and nurse assistants.
(5) Any other matters that the Secretary con-
siders appropriate.
TITLE III—OTHER MATTERS
SEC. 301. ORGANIZATIONAL RESPONSIBILITY OF THE DI-
RECTOR OF THE NURSING SERVICE.
Section 7306(a)(5) is amended by inserting ‘‘, and
report directly to,’’ after ‘‘responsible to’’.
SEC. 302. COMPUTATION OF ANNUITY FOR PART-TIME
SERVICE PERFORMED BY CERTAIN HEALTH-
CARE PROFESSIONALS BEFORE APRIL 7, 1986.
Section 7426 is amended—
(1) by redesignating subsection (c) as sub-
section (d); and
(2) by inserting after subsection (b) the fol-
lowing new subsection (c):
‘‘(c) The provisions of subsection (b) shall not apply
to the part-time service before April 7, 1986, of a reg-
istered nurse, physician assistant, or expanded-function
dental auxiliary. In computing the annuity under the ap-
plicable provision of law specified in that subsection of an
individual covered by the preceding sentence, the service
described in that sentence shall be credited as full-time
service.’’.
SEC. 303. MODIFICATION OF NURSE LOCALITY PAY AU-
THORITIES.
Section 7451 is amended—
(1) in subsection (d)(3)—
(A) in subparagraph (A), by striking ‘‘be-
ginning rates of’’ each time it appears;
(B) in subparagraph (B), by striking ‘‘be-
ginning rates of’’; and
(C) in subparagraph (C)(i), by striking
‘‘beginning rates of’’ each time it appears;
(2) in subsection (d)(4)—
(A) by striking ‘‘or at any other time that
an adjustment in rates of pay is scheduled to
take place under this subsection’’ in the first
sentence; and
(B) by striking the second sentence; and
(3) in subsection (e)(4)—
(A) in subparagraph (A), by striking
‘‘grade in a’’;
(B) in subparagraph (B)—
(i) by striking ‘‘grade of a’’; and
(ii) by striking ‘‘that grade’’ and in-
serting ‘‘that position’’; and
(C) in subparagraph (D), by striking
‘‘grade of a’’.
SEC. 304. TECHNICAL AMENDMENTS.
Section 7631(b) is amended by striking ‘‘this sub-
section’’ each place it appears and inserting ‘‘this section’’.
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