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.

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.

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.

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.

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.

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).

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.

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:

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.

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:

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.

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.

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:

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.

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.