VA Fairness in Hiring Act

Bill: 115-hr-4037
Sponsor: full_name: Rep. Hartzler, Vicky [R-MO-4]
Introduced: 2017-10-12
Policy area: Armed Forces and National Security
Subjects: Contracts and agency

Department of Veterans Affairs

Government employee pay, benefits, personnel management

Health personnel

Veterans' medical care
Latest action: action_date: 2017-10-12
text: Referred to the Subcommittee on Health.

Summaries:
action_date: 2017-10-12
action_desc: Introduced in House
text: <p><b>VA Fairness in Hiring Act</b></p> <p>This bill provides that a covenant not to compete entered into by an individual with a non-Department of Veterans Affairs facility or employer shall have no force or effect with respect to the appointment of such individual to certain health care positions in the Veterans Health Administration.</p>

tv_txt: I 115th CONGRESS 1st Session H. R. 4037 IN THE HOUSE OF REPRESENTATIVES October 12, 2017 Mrs. Hartzler introduced the following bill; which was 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 certain Veterans Health Administration personnel.

1. Short title This Act may be cited as the VA Fairness in Hiring Act . 2. Non-applicability of non-Department of Veterans Affairs covenants not to compete to appointment of Veterans Health Administration personnel (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: 7413. Effect of non-Department covenants not to compete (a) Non-Applicability Except as provided in subsection (b), in the case of an individual who is an applicant for appointment to a position in the Veterans Health Administration described in section 7401 of this title, any covenant not to compete into which the individual has entered with a non-Department facility or employer shall have no force or effect with respect to the appointment of the individual to such a position. (b) Termination of Department employment In the case of an individual who is appointed to such a position in the Veterans Health Administration who 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 period of time in such covenant, then such covenant shall apply with respect to that individual for the period beginning on the date of the termination of the individual’s employment at the Veterans Health Administration and ending on the last day of such specified period of time. (c) Covenant not To compete In this section, the term covenant not to compete means an agreement— (1) between an employee and employer that restricts such employee from performing— (A) any work for another employer for a specified period of time; (B) any work in a specified geographical area; or (C) work for another employer that is similar to such employee's work for the employer included as a party to the agreement; and (2) that is entered into after the date of enactment of this Act. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 7412 the following new item: 7413. Effect of non-Department covenants not to compete. .