[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1399 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1399

To amend title 38, United States Code, to provide that pay adjustments 
for nurses and certain other health-care professionals employed by the 
 Department of Veterans Affairs shall be made in the manner applicable 
  to Federal employees generally and to revise the authority for the 
Secretary of Veterans Affairs to make further locality pay adjustments 
                        for those professionals.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 20, 1999

 Mr. DeWine (for himself, Mr. Dodd, Ms. Snowe, Ms. Landrieu, Mr. Reid, 
 Mrs. Boxer, Mr. Inouye, Mr. Sarbanes, Mr. Kennedy, and Mr. Wellstone) 
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 that pay adjustments 
for nurses and certain other health-care professionals employed by the 
 Department of Veterans Affairs shall be made in the manner applicable 
  to Federal employees generally and to revise the authority for the 
Secretary of Veterans Affairs to make further locality pay adjustments 
                        for those professionals.

    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 ``Department of Veterans Affairs 
Nurses Appreciation Act of 1999''.

SEC. 2. REVISED AUTHORITY FOR ADJUSTMENT OF BASIC PAY FOR NURSES AND 
              CERTAIN OTHER HEALTH-CARE PROFESSIONALS OF THE DEPARTMENT 
              OF VETERANS AFFAIRS.

    (a) Annual Adjustments Under Title 5.--Section 7451 of title 38, 
United States Code, is amended--
            (1) by striking subsections (d), (e), (f), and (g); and
            (2) by adding after subsection (c) the following new 
        subsection (d):
    ``(d) The rates of basic pay for each grade in a covered position 
shall (notwithstanding subsection (a)(3)(A)) be adjusted annually by 
the same percentages as the rates of pay under the General Schedule are 
adjusted pursuant to sections 5303 and 5304 of title 5. Adjustments 
under this subsection shall be effective on the same date as the annual 
adjustments made in accordance with such sections 5303 and 5304.''.
    (b) Revised Title 38 Locality Pay Authority.--Such section is 
further amended by adding after subsection (d), as added by subsection 
(a) of this section, the following new subsection (e):
    ``(e)(1) Whenever after October 1, 2002, the Secretary determines 
that the rates of basic pay in effect for a grade of a covered 
position, as most recently adjusted under subsection (d), at a given 
Department health-care facility are inadequate to recruit or retain 
high-quality personnel in that grade at that facility, the Secretary 
shall in accordance with this subsection adjust the rates of basic pay 
for that grade at that facility.
    ``(2) An adjustment in rates of basic pay for a grade under this 
subsection shall be made by determining a minimum rate of basic pay for 
the grade and then adjusting the other rates of basic pay for the grade 
to conform to the requirements of subsection (c).
    ``(3)(A) The Secretary shall determine a minimum rate of basic pay 
for a grade for purposes of paragraph (2) so as to achieve consistency 
between the rates of basic pay for the grade at the facility concerned 
and the rates of compensation in the Bureau of Labor Statistics labor 
market in which the facility is located for non-Department health-care 
positions requiring education, training, and experience that is 
equivalent or similar to the education, training, and experience 
required for Department personnel in the grade at the facility.
    ``(B) The Secretary shall utilize the most current industry-wage 
survey of the Bureau of Labor Statistics for a labor market in meeting 
the objective specified in subparagraph (A).
    ``(C) For purposes of this paragraph, the term `rate of 
compensation', with respect to health-care positions in non-Department 
health-care facilities, means the sum of--
            ``(i) the rate of pay for personnel in such positions; and
            ``(ii) any employee benefits (other than benefits similar 
        to benefits received by employees in the covered position 
        concerned) for those health-care positions to the extent that 
        such employee benefits are reasonably quantifiable.
    ``(4) An adjustment under this subsection may not reduce any rate 
of basic pay.
    ``(5) An adjustment in rates of basic pay under this subsection 
shall take effect on the first day of the first pay period beginning 
after the date on which the adjustment is made.
    ``(6) The Secretary shall prescribe regulations providing for the 
adjustment of rates of basic pay for employees in covered positions in 
the Central and Regional Offices in order to assure the recruitment and 
retention of high-quality personnel in such positions in such offices. 
The regulations shall provide for such adjustment in a manner similar 
to the adjustment of rates of basic pay under this subsection.''.
    (c) Annual Adjustments in Increased Rates of Basic Pay.--Section 
7455 of such title is amended--
            (1) in subsection (a)(1), by striking ``and (d)'' and 
        inserting ``(d), and (e)''; and
            (2) by adding at the end the following:
    ``(e) Whenever an annual adjustment in rates of basic pay under 
sections 5303 and 5304 of title 5 becomes effective on or after the 
effective date of an increase in rates of basic pay under this section, 
the rates of basic pay as so increased under this section shall be 
adjusted in accordance with appropriate conversion rules prescribed 
under section 5305(f) of title 5, effective as of the effective date of 
such annual adjustment in rates of basic pay.''.
    (d) Conforming Amendment.--Subsection (c)(1) of section 7451 of 
such title is amended by striking the third sentence.
    (e) Effective Date.--The amendments made by this section shall take 
effect on October 1, 1999.

SEC. 3. SAVINGS PROVISION.

    In the case of an employee of the Veterans Health Administration 
who on the day before the effective date of the amendment made by 
section 2(a) is receiving a rate of pay by reason of the second 
sentence of section 7451(e) of title 38, United States Code, as in 
effect on that day, the provisions of the second and third sentences of 
that section, as in effect on that day, shall continue to apply to that 
employee, notwithstanding the amendment made by section 2(a).
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