VA Hiring Enhancement Act

II 116TH CONGRESS 1ST SESSION S. 902 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 MARCH 27, 2019 Mr. BOOZMAN (for himself 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 physi- cians in the Veterans Health Administration, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘VA Hiring Enhance- 4 ment Act’’. 5 VerDate Sep 11 2014 02:56 Apr 03, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S902.IS S902 kjohnson on DSK79L0C42 with BILLS 2 •S 902 IS SEC. 2. NON-APPLICABILITY OF NON-DEPARTMENT OF VET- 1 ERANS AFFAIRS COVENANTS NOT TO COM- 2 PETE TO APPOINTMENT OF PHYSICIANS IN 3 THE VETERANS HEALTH ADMINISTRATION. 4 (a) IN GENERAL.—Subchapter I of chapter 74 of title 5 38, United States Code, is amended by adding at the end 6 the following new section: 7 ‘‘§ 7414. Effect of non-Department covenants not to 8 compete on appointment of physicians 9 ‘‘(a) NON-APPLICABILITY.—Except as provided in 10 subsection (b), in the case of an individual who is an appli- 11 cant for appointment to a position as a physician in the 12 Veterans Health Administration, any covenant not to com- 13 pete into which the individual has entered with a non-De- 14 partment facility or other non-Department entity or indi- 15 vidual shall have no force or effect with respect to the ap- 16 pointment of the individual to such a position. 17 ‘‘(b) SERVICE OBLIGATION.—(1) Any individual who 18 is appointed as a physician in the Veterans Health Admin- 19 istration and has entered into a covenant not to compete 20 that is rendered non-applicable pursuant to subsection (a), 21 shall, as a condition of such appointment, agree to provide 22 clinical services at a Department medical facility for the 23 duration of the period described in paragraph (2). 24 ‘‘(2) The period described in this paragraph is the 25 period that begins on the date on which an individual is 26 VerDate Sep 11 2014 02:56 Apr 03, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S902.IS S902 kjohnson on DSK79L0C42 with BILLS 3 •S 902 IS appointed as described in paragraph (1) and ends on the 1 latter of the following dates: 2 ‘‘(A) The date that is one year after such date 3 of appointment. 4 ‘‘(B) The date of the termination of any cov- 5 enant not to compete that is rendered non-applicable 6 pursuant to subsection (a). 7 ‘‘(3) The Secretary may waive the requirement under 8 paragraph (1) with respect to an individual at the discre- 9 tion of the Secretary. 10 ‘‘(c) TERMINATION OF DEPARTMENT EMPLOY- 11 MENT.—In the case of an individual who is appointed as 12 a physician in the Veterans Health Administration and 13 has entered into a covenant not to compete that is ren- 14 dered non-applicable pursuant to subsection (a), if the em- 15 ployment of the individual at the Veterans Health Admin- 16 istration is terminated for any reason before the specified 17 termination date of such covenant, subsection (a) shall not 18 apply with respect to such covenant after the date of the 19 termination of the employment of the individual at the 20 Veterans Health Administration. 21 ‘‘(d) COVENANT NOT TO COMPETE DEFINED.—In 22 this section, the term ‘covenant not to compete’ means an 23 agreement between an employee and employer or a con- 24 VerDate Sep 11 2014 02:56 Apr 03, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S902.IS S902 kjohnson on DSK79L0C42 with BILLS 4 •S 902 IS tractor and principal that restricts such employee or con- 1 tractor from performing— 2 ‘‘(1) work for another employer for a specified 3 period of time; 4 ‘‘(2) work in a specified geographical area; or 5 ‘‘(3) work for another employer performing 6 work that is similar to the work such employee or 7 contractor performed for the employer or principal. 8 ‘‘(e) APPLICATION.—This section shall apply to any 9 covenant not to compete that is entered into after the date 10 of the enactment of the VA Hiring Enhancement Act.’’. 11 (b) CLERICAL AMENDMENT.—The table of sections 12 at the beginning of chapter 74 of such title is amended 13 by inserting after the item relating to section 7413 the 14 following new item: 15 ‘‘7414. Effect of non-Department covenants not to compete on appointment of physicians.’’. SEC. 3. MODIFICATION OF QUALIFICATIONS TO IMPROVE 16 RECRUITMENT OF PHYSICIANS. 17 Section 7402(b)(1) of title 38, United States Code, 18 is amended— 19 (1) in the matter preceding subparagraph (A), 20 by inserting ‘‘or to be offered a contingent appoint- 21 ment to such a position’’ after ‘‘position’’; and 22 (2) by striking subparagraphs (B) and (C) and 23 inserting the following: 24 VerDate Sep 11 2014 02:56 Apr 03, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S902.IS S902 kjohnson on DSK79L0C42 with BILLS 5 •S 902 IS ‘‘(B)(i) have completed a post-graduate resi- 1 dency training program leading to board eligibility in 2 a specialty satisfactory to the Secretary, or 3 ‘‘(ii) with respect to an offer for a contingent 4 appointment, complete a post-graduate residency 5 training program leading to board eligibility in a 6 specialty satisfactory to the Secretary by not later 7 than two years after the date of such offer, and 8 ‘‘(C)(i) be licensed to practice medicine, sur- 9 gery, or osteopathy in a State, or 10 ‘‘(ii) with respect to an offer for a contingent 11 appointment, be licensed to practice medicine, sur- 12 gery, or osteopathy in a State by not later than two 13 years after the date of such offer.’’. 14 Æ VerDate Sep 11 2014 02:56 Apr 03, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S902.IS S902 kjohnson on DSK79L0C42 with BILLS