VA Workforce Investment and Expansion Act of 2022
Bill: H.R.8017 | Sponsor: Rep. Pappas, Chris (D-NH)
Policy area: Armed Forces and National Security

Summary:
VA Workforce Investment and Expansion Act of 2022
This bill addresses workforce and employment matters of the Department of Veterans Affairs (VA).
Among other elements, the bill

To make certain improvements to the workforce of the Department of 
               Veterans Affairs, and for other purposes.

    Be it enacted by the Senate and House of Representatives 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 ``VA Workforce 
Investment and Expansion Act of 2022''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Matters relating to amendments to title 38, United States Code.
Sec. 3. National rural recruitment and hiring plan for Veterans Health 
                            Administration.
Sec. 4. Authority to buy out service contracts for certain health care 
                            professionals in exchange for employment at 
                            rural or highly rural facilities of 
                            Department of Veterans Affairs.
Sec. 5. Qualifications for human resources positions within Department 
                            of Veterans Affairs and plan to recruit and 
                            retain human resources employees.
Sec. 6. Modification of pay cap for certain employees of Veterans 
                            Health Administration.
Sec. 7. Expansion of opportunities for housekeeping aides.
Sec. 8. Modification of authority of the Secretary of Veterans Affairs 
                            relating to hours, conditions of 
                            employment, and pay for certain employees 
                            of Veterans Health Administration.
Sec. 9. Waiver of pay limitation for certain employees of Department of 
                            Veterans Affairs.
Sec. 10. Elimination of limitation on awards and bonus for employees of 
                            Department of Veterans Affairs.
Sec. 11. Additional authority of the Secretary of Veterans Affairs 
                            relating to recruitment and retention of 
                            personnel.
Sec. 12. Prescription of medication by health care providers of 
                            Department of Veterans Affairs via 
                            telemedicine.

SEC. 2. MATTERS RELATING TO AMENDMENTS TO TITLE 38, UNITED STATES CODE.

    (a) References.--Except as otherwise expressly provided, when in 
this Act an amendment or repeal is expressed in terms of an amendment 
to, or repeal of, a section or other provision, the reference shall be 
considered to be made to a section or other provision of title 38, 
United States Code.
    (b) Amendments to Tables of Contents.--Except as otherwise 
expressly provided, when an amendment made by this Act to title 38, 
United States Code, adds a section or larger organizational unit to 
that title or amends the designation or heading of a section or larger 
organizational unit in that title, that amendment also shall have the 
effect of amending any table of sections in that title to alter the 
table to conform to the changes made by the amendment.

SEC. 3. NATIONAL RURAL RECRUITMENT AND HIRING PLAN FOR VETERANS HEALTH 
              ADMINISTRATION.

    (a) In General.--Not later than 18 months after the date of the 
enactment of this Act, the Secretary of Veterans Affairs, in 
collaboration with the directors of each community-based outpatient 
clinic and medical center of the Department of Veterans Affairs, shall 
develop and implement a national rural recruitment and hiring plan for 
the Veterans Health Administration to--
            (1) recruit health care professionals for rural and highly 
        rural community-based outpatient clinics and rural and highly 
        rural medical centers of the Department;
            (2) determine which such clinics or centers have a staffing 
        shortage of health care professionals;
            (3) develop best practices and techniques for recruiting 
        health care professionals for such clinics and centers;
            (4) not less frequently than annually, provide virtually 
        based, on-demand training to human resources professionals of 
        the Veterans Health Administration on the best practices and 
        techniques developed under paragraph (3); and
            (5) provide recruitment resources, such as pamphlets and 
        marketing material to--
                    (A) Veterans Integrated Service Networks of the 
                Department;
                    (B) rural and highly rural community-based 
                outpatient clinics of the Department; and
                    (C) rural and highly rural medical centers of the 
                Department.
    (b) Annual Report.--Not later than 18 months after the date of the 
enactment of this Act, and annually thereafter, the Secretary shall 
submit to the Committee on Veterans' Affairs of the Senate and the 
Committee on Veterans' Affairs of the House of Representatives a report 
that includes--
            (1) the plan developed and implemented under subsection 
        (a); and
            (2) an assessment of the outcomes related to recruitment 
        and retention of employees of the Veterans Health 
        Administration at rural and highly rural facilities of the 
        Department.
    (c) Definitions.--In this section, the terms ``rural'' and ``highly 
rural'' have the meanings given those terms under the rural-urban 
commuting areas coding system of the Department of Agriculture.

SEC. 4. AUTHORITY TO BUY OUT SERVICE CONTRACTS FOR CERTAIN HEALTH CARE 
              PROFESSIONALS IN EXCHANGE FOR EMPLOYMENT AT RURAL OR 
              HIGHLY RURAL FACILITIES OF DEPARTMENT OF VETERANS 
              AFFAIRS.

    (a) In General.--For any covered health care professional to whom 
the Secretary of Veterans Affairs has offered employment with the 
Department of Veterans Affairs, the Secretary may buy out the non-
Department service contract of such individual in exchange for such 
individual agreeing to be employed at a rural or highly rural facility 
of the Department for a period of obligated service specified in 
subsection (c).
    (b) Payment of Amounts.--
            (1) In general.--Payment of any amounts for a buy out of a 
        service contract for a covered health care professional under 
        subsection (a) shall be made directly to the individual or 
        entity with respect to which the covered health care 
        professional has a service obligation under such contract.
            (2) Limitation on total amount.--The total amount paid by 
        the Department under this section shall not exceed $40,000,000 
        per fiscal year.
    (c) Obligated Service.--In exchange for a contract buy out under 
subsection (a), a covered health care professional shall agree to be 
employed for not less than four years at a rural or highly rural 
facility of the Department.
    (d) Liability.--
            (1) In general.--Except as provided in paragraph (2), if a 
        covered health care professional fails for any reason to 
        complete the period of obligated service of the individual 
        under subsection (c), the United States shall be entitled to 
        recover from the individual an amount equal to--
                    (A) the total amount paid under subsection (a) to 
                buy out the non-Department service contract of the 
                individual; multiplied by
                    (B) a fraction--
                            (i) the numerator of which is--
                                    (I) the total number of months in 
                                the period of obligated service of the 
                                individual; minus
                                    (II) the number of months served by 
                                the individual; and
                            (ii) the denominator of which is the total 
                        number of months in the period of obligated 
                        service of the individual.
            (2) Exception.--Liability shall not arise under paragraph 
        (1) in the case of an individual covered by that paragraph if 
        the individual does not obtain, or fails to maintain, 
        employment as an employee of the Department due to staffing 
        changes approved by the Under Secretary for Health.
    (e) Not a Taxable Benefit.--A contract buy out for a covered health 
care professional under subsection (a) shall not be considered a 
taxable benefit or event for the covered health care professional.
    (f) Annual Report.--
            (1) In general.--Not later than 18 months after the date of 
        the enactment of this Act, and not less frequently than 
        annually thereafter, the Secretary of Veterans Affairs shall 
        submit to the Committee on Veterans' Affairs of the Senate and 
        the Committee on Veterans' Affairs of the House of 
        Representatives a report on the use by the Secretary of the 
        authority under this section.
            (2) Elements.--Each report required by paragraph (1) shall 
        include the following:
                    (A) The number of health care professionals for 
                whom a service contract buyout payment was made under 
                subsection (a) in the previous fiscal year, 
                disaggregated by occupation or specialty.
                    (B) The average, highest, and lowest amount of the 
                service contract buyout payments made under subsection 
                (a) for each occupation or specialty in the previous 
                fiscal year.
                    (C) Each location where contract buyout authority 
                under subsection (a) was utilized and the number of 
                covered health care professionals who agreed to be 
                employed at such location in the previous fiscal year.
    (g) Definitions.--In this section:
            (1) The term ``covered health care professional'' means a 
        physician, nurse anesthetist, surgical physician assistant, or 
        nurse practitioner offered employment with the Department 
        regardless of the authority under which such employment is 
        offered.
            (2) The terms ``rural'' and ``highly rural'' have the 
        meanings given those terms under the rural-urban commuting 
        areas coding system of the Department of Agriculture.
    (h) Sunset.--This section shall terminate on September 30, 2027.

SEC. 5. QUALIFICATIONS FOR HUMAN RESOURCES POSITIONS WITHIN DEPARTMENT 
              OF VETERANS AFFAIRS AND PLAN TO RECRUIT AND RETAIN HUMAN 
              RESOURCES EMPLOYEES.

    (a) Establishment of Qualifications.--Not later than 180 days after 
the date of the enactment of this Act, the Secretary of Veterans 
Affairs shall--
            (1) establish qualifications for each human resources 
        position within the Department of Veterans Affairs in 
        coordination with the Office of Personnel Management;
            (2) establish standardized performance metrics for each 
        such position; and
            (3) submit to the Committee on Veterans' Affairs of the 
        Senate and the Committee on Veterans' Affairs of the House of 
        Representatives a report containing the qualifications and 
        standardized performance metrics established under paragraphs 
        (1) and (2).
    (b) Improvement of Human Resources Actions.--Not later than 90 days 
after the date of the enactment of this Act, the Secretary shall 
establish or enhance systems of the Department to monitor the hiring 
and other human resources actions that occur at the local, regional, 
and national levels of the Department to improve the performance of 
those actions.
    (c) Report.--Not later than one year after the establishment of the 
qualifications and performance metrics under subsection (a), the 
Comptroller General of the United States shall submit to the Committee 
on Veterans' Affairs of the Senate and the Committee on Veterans' 
Affairs of the House of Representatives a report containing--
            (1) a description of the implementation of such 
        qualifications and performance metrics;
            (2) an assessment of the quality of such qualifications and 
        performance metrics;
            (3) an assessment of performance and outcomes based on such 
        metrics; and
            (4) such other matters as the Comptroller General considers 
        appropriate.
    (d) Plan To Recruit and Retain Human Resources Employees.--Not 
later than one year after the date of the enactment of this Act, the 
Secretary of Veterans Affairs shall submit to the Committee on 
Veterans' Affairs of the Senate and the Committee on Veterans' Affairs 
of the House of Representatives a plan for the recruitment and 
retention of human resources employees within the Department of 
Veterans Affairs.

SEC. 6. MODIFICATION OF PAY CAP FOR CERTAIN EMPLOYEES OF VETERANS 
              HEALTH ADMINISTRATION.

    (a) In General.--Section 7455(c) is amended--
            (1) in paragraph (1), by striking ``30 percent'' inserting 
        ``50 percent'';
            (2) in paragraph (2), by striking ``level IV'' inserting 
        ``level II''; and
            (3) by adding at the end the following new paragraph:
    ``(3)(A) Notwithstanding section 5304 of title 5 or any other 
provision of law, but subject to the limitation under paragraph (2), 
pursuant to an increase under subsection (a), the Secretary may pay a 
special rate or an adjusted rate of basic pay in excess of the rate of 
basic pay payable for level IV of the Executive Schedule.
    ``(B) If an employee is in receipt of a special rate of pay under 
subparagraph (A) in excess of the rate of basic pay payable for level 
IV of the Executive Schedule with an established special rate 
supplement of greater value than a supplement based on the applicable 
locality-based comparability payment percentage under section 5304 of 
title 5, but a pay adjustment would cause such established special rate 
supplement to be of lesser value, the special rate supplement shall be 
converted to a supplement based on the applicable locality-based 
comparability percentage unless the Secretary determines that some 
other action is appropriate.''.
    (b) Pay for Critical Positions.--Section 7404(a)(1)(B) is amended 
by inserting ``7306 or'' before ``7401(4)''.

SEC. 7. EXPANSION OF OPPORTUNITIES FOR HOUSEKEEPING AIDES.

    Section 3310 of title 5, United States Code, is amended by 
inserting ``(other than for positions of housekeeping aides in the 
Department of Veterans Affairs)'' after ``competitive service''.

SEC. 8. MODIFICATION OF AUTHORITY OF THE SECRETARY OF VETERANS AFFAIRS 
              RELATING TO HOURS, CONDITIONS OF EMPLOYMENT, AND PAY FOR 
              CERTAIN EMPLOYEES OF VETERANS HEALTH ADMINISTRATION.

    (a) Expansion of Eligibility of Employees for Certain Awards.--
Section 7404(c) is amended--
            (1) by striking ``Notwithstanding'' and inserting ``(1) 
        Notwithstanding'';
            (2) by inserting ``or 7401(4)'' after ``section 7306'';
            (3) by striking ``who is not eligible for pay under 
        subchapter III'' and inserting ``or in a covered executive 
        position under section 7401(1) of this title'';
            (4) by striking ``sections 4507 and 5384'' and inserting 
        ``section 4507''; and
            (5) by adding at the end the following new paragraph:
    ``(2) In this subsection, the term `covered executive position' 
means a position that the Secretary has determined is of equivalent 
rank to a Senior Executive Service position (as such term is defined in 
section 3132(a) of title 5) and is subject to an agency performance 
management system.''.
    (b) Authority for Awards Programs of Department of Veterans 
Affairs.--
            (1) In general.--Subchapter I of chapter 74 is amended by 
        inserting after section 7404 the following new section:
``Sec. 7404A. Awards
    ``(a) Superior Accomplishments and Performance Awards Program.--The 
Secretary may establish an awards program for personnel listed in 
section 7421(b) of this title consistent with chapter 45 of title 5, to 
the extent practicable.
    ``(b) Executive Performance Awards Program.--Notwithstanding 
section 7425 of this title or any other provision of law, the Secretary 
may establish a performance awards program consistent with section 5384 
of title 5 for--
            ``(1) personnel appointed under section 7401(1) of this 
        title for a position that the Secretary has determined is of 
        equivalent rank to a Senior Executive Service position (as such 
        term is defined in section 3132(a) of title 5) and is subject 
        to an agency performance management system; and
            ``(2) personnel appointed under section 7306 or 7401(4) of 
        this title.
    ``(c) Payment of Awards.--Awards under this section may be paid 
based on criteria established by the Secretary and shall not be 
considered in calculating the limitation under section 7431(e)(4) of 
this title.
    ``(d) Not Considered Basic Pay.--Awards under this section shall 
not be considered basic pay for any purpose.
    ``(e) Regulations.--The Secretary may prescribe regulations for the 
administration of this section.''.
            (2) Limitation on past awards.--Notwithstanding any other 
        provision of law, awards made by the Secretary of Veterans 
        Affairs for any period on or after January 1, 2017, and before 
        the date of the enactment of this Act for an employee under 
        section 7306 or 7401(4) of title 38, United States Code, or for 
        a position described in section 7401(1) of such title that the 
        Secretary has determined is of equivalent rank to a Senior 
        Executive Service position (as such term is defined in section 
        3132(a) of title 5, United States Code), may be subject to 
        section 7404A of title 38, United States Code, as added by 
        paragraph (1).
    (c) Modification of Employees Subject to Regulation by Secretary of 
Veterans Affairs of Hours and Conditions of Employment and Leaves of 
Absence.--
            (1) In general.--Section 7421 is amended--
                    (A) in subsection (a), by striking ``chapter'' and 
                inserting ``title''; and
                    (B) in subsection (b), by adding at the end the 
                following new paragraph:
            ``(9) Any position for which the employee is appointed 
        under section 7306 or 7401(4) of this title.''.
            (2) Administration of full-time employees.--Section 7423 is 
        amended--
                    (A) in subsection (a)(2), by adding at the end the 
                following new subparagraph:
    ``(D) The Secretary may exclude from the requirements of paragraph 
(1) employees hired under section 7306 or 7401(4) of this title or for 
a position described in section 7401(1) of this title that the 
Secretary has determined is of equivalent rank to a Senior Executive 
Service position (as such term is defined in section 3132(a) of title 
5).''; and
                    (B) in subsection (e)(1), by striking ``7401(1)'' 
                and inserting ``7421(b)''.
            (3) Additional pay authorities.--Section 7410(a) is 
        amended--
                    (A) by striking ``The Secretary'' and inserting 
                ``(1) The Secretary'';
                    (B) by striking ``the personnel described in 
                paragraph (1) of section 7401 of this title'' and 
                inserting ``personnel appointed under section 7306 of 
                this title or section 7401(4) of this title, or 
                personnel described in section 7401(1) of this 
                title,'';
                    (C) by striking ``in the same manner, and subject 
                to the same limitations, as in the case of'' and 
                inserting ``in a manner consistent with''; and
                    (D) by adding at the end the following new 
                paragraph:
    ``(2) Payments under paragraph (1) shall not be considered in 
calculating the limitation under section 7431(e)(4) of this title.''.
            (4) Treatment of pay authority changes.--For the purposes 
        of the amendments made by paragraph (3), the Secretary of 
        Veterans Affairs shall treat any award or payment made by the 
        Secretary between January 1, 2017, and the date of the 
        enactment of this Act to employees appointed under sections 
        7306, 7401(1), and 7401(4) of title 38, United States Code, 
        that the Secretary has determined are of equivalent rank to a 
        Senior Executive Service position (as such term is defined in 
        section 3132(a) of title 5, United States Code), as if such 
        amendments had been in effect at the time of such award or 
        payment.
            (5) Treatment of prior leave balances.--Notwithstanding any 
        other provision of law, the Secretary may adjust the leave 
        balance and carryover leave balance of any employee described 
        in section 7421(b)(9) of title 38, United States Code, as 
        amended by paragraph (1)(B), to ensure any leave accrued or 
        carried over before the date of the enactment of this Act 
        remains available to such employee.
    (d) Treatment of Certain Employees as Appointed Under Section 
7306.--Section 7306 is amended--
            (1) in subsection (a), by redesignating the second 
        paragraph (11) as paragraph (12); and
            (2) by adding at the end the following new subsection:
    ``(g) For purposes of applying any provision of chapter 74 of this 
title, including sections 7404, 7410, and 7421, or any other provision 
of law, the Secretary may treat any appointment for a position under 
this chapter to be an appointment under this section.''.
    (e) Conforming Amendment.--Section 7431(e)(4) is amended by 
striking ``In no case'' and inserting ``Except as provided in sections 
7404A(c) and 7410(a)(2) of this title, in no case''.

SEC. 9. WAIVER OF PAY LIMITATION FOR CERTAIN EMPLOYEES OF DEPARTMENT OF 
              VETERANS AFFAIRS.

    Subchapter I of chapter 7 is amended by inserting after section 703 
the following new section:
``Sec. 704. Waiver of pay limitation for certain employees
    ``(a) Employees of Veterans Health Administration Impacted by 
Closure or Realignment.--Notwithstanding any other provision of law, 
the Secretary may waive any annual premium or aggregate limitation on 
pay for an employee of the Veterans Health Administration for the 
calendar year during which--
            ``(1) the official duty station of the employee is closed; 
        or
            ``(2) the office, facility, activity, or organization of 
        the employee is realigned.
    ``(b) Employees Providing Care to Veterans Exposed to Open Burn 
Pits.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, the Secretary may waive any annual premium or aggregate 
        limitation on pay for an employee of the Department whose 
        primary duties include providing expanded care for veterans 
        exposed to open burn pits.
            ``(2) Open burn pit defined.--In this subsection, the term 
        `open burn pit' has the meaning given that term in section 
        201(c) of the Dignified Burial and Other Veterans' Benefits 
        Improvement Act of 2012 (Public Law 112-260; 38 U.S.C. 527 
        note).
    ``(c) Coordination With Office of Personnel Management.--In 
implementing this section, the Secretary shall coordinate with the 
Director of the Office of Personnel Management.
    ``(d) Reports.--
            ``(1) In general.--For each quarter that the Secretary 
        waives a limitation under this section, the Secretary shall 
        submit to the Committee on Veterans' Affairs of the Senate, the 
        Committee on Veterans' Affairs of the House of Representatives, 
        and the Office of Personnel Management a report on the waiver 
        or waivers.
            ``(2) Contents.--Each report submitted under paragraph (1) 
        with respect to a waiver or waivers shall include the 
        following:
                    ``(A) Where the waiver or waivers were used, 
                including in which component of the Department and, as 
                the case may be, which medical center of the 
                Department.
                    ``(B) For how many employees the waiver or waivers 
                were used, disaggregated by component of the Department 
                and, if applicable, medical center of the Department.
                    ``(C) The average amount by which each payment 
                exceeded the pay limitation that was waived, 
                disaggregated by component of the Department and, if 
                applicable, medical center of the Department.
    ``(e) Employee Defined.--In this section, the term `employee' means 
any employee regardless of the authority under which the employee was 
hired.
    ``(f) Termination.--This section shall terminate on September 30, 
2027.''.

SEC. 10. ELIMINATION OF LIMITATION ON AWARDS AND BONUS FOR EMPLOYEES OF 
              DEPARTMENT OF VETERANS AFFAIRS.

    (a) In General.--Section 705(a) of the Veterans Access, Choice, and 
Accountability Act of 2014 (Public Law 113-146; 38 U.S.C. 703 note) is 
amended by striking paragraph (3).
    (b) Applicability.--Subsection (a) shall take effect on the date of 
the enactment of this Act and apply as if such subsection had been 
enacted on September 30, 2021.

SEC. 11. ADDITIONAL AUTHORITY OF THE SECRETARY OF VETERANS AFFAIRS 
              RELATING TO RECRUITMENT AND RETENTION OF PERSONNEL.

    Subchapter I of chapter 7 is amended by inserting after section 705 
the following new section:
``Sec. 706. Additional authority relating to recruitment and retention 
              of personnel
    ``(a) Recruitment and Relocation Bonuses.--The Secretary may pay a 
recruitment or relocation bonus under section 5753(e) of title 5 
without regard to any requirements for certification or approval under 
that section.
    ``(b) Retention Bonuses.--(1) The Secretary may pay a retention 
bonus under section 5754(f) of title 5 without regard to any 
requirement for certification or approval under that subsection.
    ``(2) The Secretary may pay a retention bonus as specified in 
subsection (e)(2) of section 5754 of title 5 and may pay the bonus as a 
single lump-sum payment at the beginning of the full period of service 
required by an agreement under subsection (d) of such section.
    ``(c) Merit Awards.--The Secretary may grant a cash award under 
section 4502(b) of title 5 without regard to any requirement for 
certification or approval under that section.
    ``(d) Incentives for Critical Skills.--(1) Subject to the 
provisions of this paragraph, the Secretary may provide a critical 
skill incentive to an employee in a case in which the Secretary 
determines--
            ``(A) the employee possesses a high-demand skill or skill 
        that is at a shortage;
            ``(B) such skill is directly related to the duties and 
        responsibilities of the employee's position; and
            ``(C) employment of an individual with such skill in such 
        position serves a critical mission-related need of the 
        Department.
    ``(2) An incentive provided to an employee under paragraph (1) may 
not to exceed 25 percent of the basic pay of the employee.
    ``(3) Provision of an incentive under paragraph (1) shall be 
contingent on the employee entering into a written agreement to 
complete a period of employment with the Department.
    ``(4) An incentive provided under paragraph (1) shall not be 
considered basic pay for any purpose.
    ``(5) The Secretary may prescribe conditions, including with 
respect to eligibility, and limitations on provision of incentive under 
paragraph (1).
    ``(6) Incentive provided under paragraph (1) shall not be included 
in the calculation of total amount of compensation under section 
7431(e)(4) of this title.
    ``(e) Student Loan Repayments.--(1) Subject to the provisions of 
this subsection, the Secretary may repay a student loan pursuant to 
section 5379(b) of title 5.
    ``(2) Paragraph (2) of such section shall not apply to payment 
under this subsection.
    ``(3) Payment under this subsection shall be made subject to such 
terms, limitations, or conditions as may be mutually agreed to by the 
Secretary and the employee concerned, except that the amount paid by 
the Secretary under this subsection may not exceed--
            ``(A) $40,000 for any employee in any calendar year; or
            ``(B) a total of $100,000 in the case of any employee.
    ``(f) Expedited Hiring Authority for College Graduates; Competitive 
Service.--(1) Subject to paragraph (2) of this subsection, the 
Secretary may expedite hiring for college graduates under section 3115 
of title 5 without regard to subsection (e) of such section or any 
regulations prescribed by the Office of Personnel Management for 
administration of such subsection.
    ``(2) The number of employees the Secretary may appoint under 
section 3115 of title 5 may not exceed the number equal to 25 percent 
of individuals that the Secretary appointed during the previous fiscal 
year to a position in the competitive service classified in a 
professional or administrative occupational category, at the GS-11 
level, or an equivalent level, or below, under a competitive examining 
procedure.
    ``(g) Expedited Hiring Authority for Post-secondary Students; 
Competitive Service.--(1) Subject to paragraph (2) of this subsection, 
the Secretary may expedite hiring of post-secondary students under 
section 3116 of title 5, without regard to subsection (d) of such 
section or any regulations prescribed by the Office of Personnel 
Management for administration of such subsection.
    ``(2) The number of employees the Secretary may appoint under 
section 3116 of title 5 may not exceed the number equal to 25 percent 
of the number of students that the Secretary appointed during the 
previous fiscal year to a position at the GS-11 level, or an equivalent 
level, or below.
    ``(h) Pay Authority for Critical Positions.--(1) Subject to the 
provisions of this subsection, the Secretary may authorize the fixing 
of the rate of pay for a critical position in the Department consistent 
with the authorities and requirements of section 5377 of title 5 that 
apply to the Office of Personnel Management.
    ``(2) The Secretary may fix the rate of pay for a critical position 
under this subsection in excess of the limitation set forth by section 
5377(d)(2) of such title.
    ``(3) Basic pay may not be fixed under this subsection at a rate 
greater than the rate payable for the Vice President of the United 
States established under section 104 of title 3, except upon written 
approval of the President.
    ``(4) Notwithstanding section 5377(f) of title 5, the Secretary may 
authorize the exercise of authority under this subsection with respect 
to up to 200 positions at any time.
    ``(i) Rates of Special Pay.--(1) The Secretary may establish a rate 
for special pay under section 5305(a)(1) of title 5.
    ``(2) In applying such section to the Secretary's authority under 
paragraph (1)--
            ``(A) `50 percent' shall be substituted for `30 percent'; 
        and
            ``(B) `level II of the Executive Schedule' shall be 
        substituted for `level IV of the Executive Schedule'.
    ``(j) Waiver of Limitations on Certain Payments Under Pay 
Comparability System.--The Secretary may waive the limitation in 
section 5307 of title 5 for an employee or a payment.
    ``(k) Termination.--The authorities under this section shall 
terminate on September 30, 2027.''.

SEC. 12. PRESCRIPTION OF MEDICATION BY HEALTH CARE PROVIDERS OF 
              DEPARTMENT OF VETERANS AFFAIRS VIA TELEMEDICINE.

    Section 1730C is amended--
            (1) in the section heading, by inserting ``and 
        authorization to prescribe controlled substances via 
        telemedicine'' after ``telemedicine'';
            (2) in subsection (a)--
                    (A) by striking ``Notwithstanding'' and inserting 
                ``(1) Notwithstanding''; and
                    (B) by adding at the end the following new 
                paragraph:
    ``(2)(A) A covered health care professional who is authorized to 
dispense controlled substances in the State in which the health care 
professional is licensed may prescribe controlled substances through 
the use of telemedicine notwithstanding any conflicting requirements 
under the Controlled Substances Act (21 U.S.C. 801 et seq.).
    ``(B) Covered health care professionals dispensing controlled 
substances under subparagraph (A) shall be subject to such quality, 
control, and safety requirements as the Secretary may establish in 
consultation with the Attorney General.''; and
            (3) in subsection (e), by striking ``Nothing'' and 
        inserting ``Except as provided in subsection (a)(2), nothing''.
                                 <all>