Title: VA Hiring Enhancement Act
Policy area: Armed Forces and National Security

Summary:
VA Hiring Enhancement Act
This bill negates enforcement of a noncompete agreement that an applicant for a physician's position in the Veterans Health Administration has entered into with a non-Department of Veterans Affairs (VA) facility, entity, or individual.
The bill requires a physician to have completed residency training prior to being appointed to a VA position but authorizes the VA to offer contingent appointments to physicians in training for up to two years prior to completion of such training.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3302 Introduced in Senate (IS)]

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115th CONGRESS
  2d Session
                                S. 3302

     To amend title 38, United States Code, to provide for the non-
 applicability of non-Department of Veterans Affairs covenants not to 
    compete to the appointment of physicians in the Veterans Health 
                Administration, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 31, 2018

 Mr. Boozman (for himself, Mr. Heller, and Mr. Tester) introduced the 
 following bill; which was read twice and referred to the Committee on 
                           Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
     To amend title 38, United States Code, to provide for the non-
 applicability of non-Department of Veterans Affairs covenants not to 
    compete to the appointment of physicians in the Veterans Health 
                Administration, 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.

    This Act may be cited as the ``VA Hiring Enhancement Act''.

SEC. 2. NON-APPLICABILITY OF NON-DEPARTMENT OF VETERANS AFFAIRS 
              COVENANTS NOT TO COMPETE TO APPOINTMENT OF PHYSICIANS IN 
              THE VETERANS HEALTH ADMINISTRATION.

    (a) In General.--Subchapter I of chapter 74 of title 38, United 
States Code, is amended by adding at the end the following new section:
``Sec. 7413. Effect of non-Department covenants not to compete on 
              appointment of physicians
    ``(a) Non-Applicability.--Except as provided in subsection (b), in 
the case of an individual who is an applicant for appointment to a 
position as a physician in the Veterans Health Administration, any 
covenant not to compete into which the individual has entered with a 
non-Department facility or other non-Department entity or individual 
shall have no force or effect with respect to the appointment of the 
individual to such a position.
    ``(b) Service Obligation.--(1) Any individual who is appointed as a 
physician in the Veterans Health Administration and has entered into a 
covenant not to compete that is rendered non-applicable pursuant to 
subsection (a), shall, as a condition of such appointment, agree to 
provide clinical services at a Department medical facility for the 
duration of the period described in paragraph (2).
    ``(2) The period described in this paragraph is the period that 
begins on the date on which an individual is appointed as described in 
paragraph (1) and ends on the latter of the following dates:
            ``(A) The date that is one year after such date of 
        appointment.
            ``(B) The date of the termination of any covenant not to 
        compete that is rendered non-applicable pursuant to subsection 
        (a).
    ``(3) The Secretary may waive the requirement under paragraph (1) 
with respect to an individual at the discretion of the Secretary.
    ``(c) Termination of Department Employment.--In the case of an 
individual who is appointed as a physician in the Veterans Health 
Administration and has entered into a covenant not to compete that is 
rendered non-applicable pursuant to subsection (a), if the individual's 
employment at the Veterans Health Administration is terminated for any 
reason before the specified termination date of such covenant, 
subsection (a) shall not apply with respect to such covenant after the 
date of the termination of the individual's employment at the Veterans 
Health Administration.
    ``(d) Covenant Not To Compete Defined.--In this section, the term 
`covenant not to compete' means an agreement between an employee and 
employer or a contractor and principal that restricts such employee or 
contractor from performing--
            ``(1) work for another employer for a specified period of 
        time;
            ``(2) work in a specified geographical area; or
            ``(3) work for another employer performing work that is 
        similar to the work such employee or contractor performed for 
        the employer or principal.
    ``(e) Application.--This section shall apply to any covenant not to 
compete that is entered into after the date of the enactment of the VA 
Hiring Enhancement Act.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 74 of such title is amended by inserting after the item 
relating to section 7412 the following new item:

``7413. Effect of non-Department covenants not to compete on 
                            appointment of physicians.''.

SEC. 3. MODIFICATION OF QUALIFICATIONS TO IMPROVE RECRUITMENT OF 
              PHYSICIANS.

    Section 7402(b)(1) of title 38, United States Code, is amended--
            (1) in the matter preceding subparagraph (A), by inserting 
        ``or to be offered a contingent appointment to such a 
        position'' after ``position''; and
            (2) by striking subparagraphs (B) and (C) and inserting the 
        following:
            ``(B)(i) have completed a post-graduate residency training 
        program leading to board eligibility in a specialty 
        satisfactory to the Secretary; or
            ``(ii) with respect to an offer for a contingent 
        appointment, complete a post-graduate residency training 
        program leading to board eligibility in a specialty 
        satisfactory to the Secretary by not later than two years after 
        the date of such offer; and
            ``(C)(i) be licensed to practice medicine, surgery, or 
        osteopathy in a State; or
            ``(ii) with respect to an offer for a contingent 
        appointment, be licensed to practice medicine, surgery, or 
        osteopathy in a State by not later than two years after the 
        date of such offer.''.
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