[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4156 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  2d Session
                                S. 4156

To improve the workforce of the Department of Veterans Affairs, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 5, 2022

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

_______________________________________________________________________

                                 A BILL


 
To improve the workforce of the Department of Veterans Affairs, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``VA Workforce 
Improvement, Support, and Expansion (WISE) Act of 2022''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
 TITLE I--TRAINING, RECRUITMENT, AND RETENTION OF HEALTH CARE EMPLOYEES

Sec. 101. National rural recruitment and hiring plan for Veterans 
                            Health Administration.
Sec. 102. Rural health quality and access fellowship program for 
                            Department of Veterans Affairs.
Sec. 103. Authority to buy out service contracts for health care 
                            professionals in exchange for employment at 
                            rural or highly rural facilities of 
                            Department of Veterans Affairs.
Sec. 104. Payment of licensure exam costs for recipients of 
                            scholarships from Department of Veterans 
                            Affairs.
Sec. 105. Improvement of workforce training and team models to meet the 
                            needs of older veterans.
Sec. 106. Qualifications for human resources positions within the 
                            Department of Veterans Affairs and plan to 
                            recruit and retain human resources 
                            employees.
Sec. 107. Study on improving recruitment and retention at community 
                            living centers of Department of Veterans 
                            Affairs.
Sec. 108. Limitation on transfer of directors of medical centers of 
                            Department of Veterans Affairs to different 
                            positions.
       TITLE II--ACCOUNTABILITY, OVERSIGHT, AND PERSONNEL MATTERS

                  Subtitle A--Matters Relating to Pay

Sec. 201. Increased pay cap for directors of medical centers and 
                            Veterans Integrated Service Networks of 
                            Department of Veterans Affairs.
Sec. 202. Waiver of pay limitation for employees of the Veterans Health 
                            Administration performing mission critical 
                            work.
Sec. 203. Elimination of performance pay elements for physicians, 
                            podiatrists, and dentists and elimination 
                            of total compensation cap.
Sec. 204. Increase of maximum amount of incentive pay for Department 
                            pharmacist executives.
Sec. 205. Elimination of pay cap for certain employees of Veterans 
                            Health Administration.
Sec. 206. Modification of special pay authority for nurse executives.
           Subtitle B--Improvement of Recruitment and Hiring

Sec. 211. Oversight of direct hire authority and hiring flexibility of 
                            Department of Veterans Affairs.
Sec. 212. Expansion of emergency hiring authorities for Department of 
                            Veterans Affairs.
Sec. 213. Waiver of certain licensure requirements.
Sec. 214. Expansion of opportunities for housekeeping aides.
                  Subtitle C--Other Personnel Matters

Sec. 221. Expansion of annual leave options for employees of Department 
                            of Veterans Affairs during public health 
                            emergency.
Sec. 222. Expansion of reimbursement of continuing professional 
                            education fees.
Sec. 223. Inclusion of police officers of Department of Veterans 
                            Affairs as law enforcement officers.
Sec. 224. Department of Veterans Affairs personnel transparency.
Sec. 225. Comptroller General report assessing human resources 
                            modernization within Veterans Health 
                            Administration.
            TITLE III--ASSISTANCE WITH NATIONAL EMERGENCIES

Sec. 301. Update of web portal to identify veterans who had medical 
                            occupations as members of the Armed Forces.
Sec. 302. Program on provision to States of information on veterans 
                            with medical skills obtained during service 
                            in the Armed Forces.
Sec. 303. Program on training of intermediate care technicians of 
                            Department of Veterans Affairs.
Sec. 304. Notification of opportunities for veterans.

 TITLE I--TRAINING, RECRUITMENT, AND RETENTION OF HEALTH CARE EMPLOYEES

SEC. 101. 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.

SEC. 102. RURAL HEALTH QUALITY AND ACCESS FELLOWSHIP PROGRAM FOR 
              DEPARTMENT OF VETERANS AFFAIRS.

    (a) In General.--Section 7302 of title 38, United States Code, is 
amended by adding at the end the following new subsection:
    ``(f)(1) In carrying out this section, the Secretary shall 
establish a fellowship program, to be known as the Rural Health Quality 
and Access Fellowship program, to provide fellowships to health care 
professionals at the post-graduate level who serve on a short-term 
basis as post-graduate health professions trainees at a rural or highly 
rural community-based outpatient clinic or rural or highly rural 
medical center of the Department.
    ``(2) Not less frequently than annually, 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 on the 
program under paragraph (1).
    ``(3) In this subsection:
            ``(A) The term `health care professional' means an 
        individual who qualifies as an appointee under section 7402 of 
        this title.
            ``(B) 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.''.
    (b) Initial Report.--The Secretary of Veterans Affairs shall submit 
the initial report required under section 7302(f)(2) of title 38, 
United States Code, as added by subsection (a), not later than 18 
months after the date of the enactment of this Act.

SEC. 103. AUTHORITY TO BUY OUT SERVICE CONTRACTS FOR 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.--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.
    (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.--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.
    (g) Definitions.--In this section:
            (1) Covered health care professional.--The term ``covered 
        health care professional'' means a health care professional 
        offered employment with the Veterans Health Administration 
        under--
                    (A) section 7401 of title 38, United States Code; 
                or
                    (B) title 5, United States Code.
            (2) Rural; highly rural.--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.

SEC. 104. PAYMENT OF LICENSURE EXAM COSTS FOR RECIPIENTS OF 
              SCHOLARSHIPS FROM DEPARTMENT OF VETERANS AFFAIRS.

    (a) In General.--The Secretary of Veterans Affairs shall pay the 
costs of any licensing examinations and certifications required by the 
Secretary for any current recipient of a covered health professional 
scholarship from the Department of Veterans Affairs.
    (b) Licensing Examinations and Certifications.--Subsection (a) 
shall apply to the payment of costs for--
            (1) the United States Medical Licensing Examination Step 1, 
        Step 2, and Step 3;
            (2) the National Council Licensure Exam;
            (3) the National Board Dental Examination;
            (4) the National Board Dental Hygiene Examination;
            (5) the Dental Licensure Objective Structured Clinical 
        Examination and Integrated National Board Dental Examination;
            (6) the National Licensing Exams for Nurse Practitioner and 
        Certified Registered Nurse Anesthetist; and
            (7) such other licensing examinations and certifications as 
        the Secretary considers appropriate.
    (c) Covered Health Professional Scholarship Defined.--In this 
section, the term ``covered health professional scholarship'' means--
            (1) the Department of Veterans Affairs Health Professional 
        Scholarship Program under subchapter II of chapter 76 of title 
        38, United States Code;
            (2) the Department of Veterans Affairs Employee Incentive 
        Scholarship Program under subchapter VI of such chapter, 
        including--
                    (A) the National Nursing Education Initiative; and
                    (B) the VA National Education for Employees 
                Program;
            (3) the Visual Impairment and Orientation and Mobility 
        Professionals Scholarship Program under chapter 75 of such 
        title;
            (4) the Veterans Healing Veterans Medical Access and 
        Scholarship Program under section 304 of the VA MISSION Act of 
        2018 (Public Law 115-182; 38 U.S.C. 7601 note); and
            (5) such other programs as the Secretary considers 
        appropriate.

SEC. 105. IMPROVEMENT OF WORKFORCE TRAINING AND TEAM MODELS TO MEET THE 
              NEEDS OF OLDER VETERANS.

    (a) Rural Geriatrics Team Training.--The Secretary of Veterans 
Affairs shall expand the Rural Interdisciplinary Team Training program 
of the Department of Veterans Affairs to not fewer than one rural site 
in each Veterans Integrated Service Network of the Department and 
ensure access at such sites to learning opportunities through the 
Geriatric Scholars Program of the Department.
    (b) Expansion of Fellowship in Advanced Geriatrics.--The Secretary 
shall expand the Fellowship in Advanced Geriatrics program of the 
Department to ensure that a fellowship position is required to be 
provided under such program in each Geriatric Research, Education, and 
Clinical Center of the Department.
    (c) Training on Caring for Veterans With Memory Loss.--
            (1) In general.--The Secretary shall provide continuing 
        professional education for primary care providers, community 
        living center staff, geriatrics and extended care staff, home 
        health workers, and social workers of the Department on caring 
        for veterans with Alzheimer's disease and dementia.
            (2) Implementation.--The Secretary shall implement the 
        continuing professional education required under paragraph (1) 
        in consultation with the Office of Rural Health of the 
        Department of Veterans Affairs established under section 7308 
        of title 38, United States Code, in order to ensure equitable 
        access to learning opportunities for employees of the 
        Department in rural and highly rural areas.
    (d) Expansion of Geriatric Patient Aligned Care Team Model.--
            (1) In general.--The Secretary shall expand the Geriatrics 
        Patient Aligned Care Team model of the Department of Veterans 
        Affairs--
                    (A) to every medical center of the Department; and
                    (B) to any community-based outpatient clinic at 
                which such expansion is determined by the Secretary to 
                be feasible and needed.
            (2) Waiver of expansion to medical centers.--The Secretary 
        may waive the application of the requirements under paragraph 
        (1)(A) with respect to a medical center if the Secretary 
        determines that the medical center does not have the capacity 
        or need to implement a Geriatrics Patient Aligned Care Team 
        model.
            (3) Study.--The Secretary shall conduct a study on the 
        variations in the structure and model consistency of the 
        Geriatrics Patient Aligned Care Team model throughout the 
        Department and how those variations impact quality of care and 
        patient outcomes.
    (e) Report to Congress.--
            (1) In general.--Not later than one year after the date of 
        the enactment of this Act, and not less frequently than 
        annually thereafter for the following five years, 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 on the implementation of this section.
            (2) Inclusion of information on waivers.--The Secretary 
        shall include in the report required by paragraph (1) an 
        identification of any medical center of the Department in 
        receipt of a waiver under subsection (d)(2) and the reason for 
        the waiver.
    (f) 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.

SEC. 106. QUALIFICATIONS FOR HUMAN RESOURCES POSITIONS WITHIN THE 
              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.
    (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.

SEC. 107. STUDY ON IMPROVING RECRUITMENT AND RETENTION AT COMMUNITY 
              LIVING CENTERS OF DEPARTMENT OF VETERANS AFFAIRS.

    (a) In General.--Not later than 18 months after the date of the 
enactment of this Act, the Secretary of Veterans Affairs shall complete 
a study on barriers to hiring and retaining staff at community living 
centers of the Department of Veterans Affairs and best practices for 
improving recruitment and retention of such staff, with an emphasis on 
nursing staff.
    (b) Report to Congress.--Not later than 180 days after completion 
of the study under subsection (a), 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--
            (1) summarizing key findings with respect to barriers to 
        hiring and retaining staff at community living centers of the 
        Department and best practices for improving recruitment and 
        retention of such staff, including any barriers or best 
        practices specific to rural areas; and
            (2) including recommendations for such administrative 
        action as the Secretary considers appropriate.

SEC. 108. LIMITATION ON TRANSFER OF DIRECTORS OF MEDICAL CENTERS OF 
              DEPARTMENT OF VETERANS AFFAIRS TO DIFFERENT POSITIONS.

    (a) Notification.--Not later than 90 days after transferring a 
director of a medical center of the Department of Veterans Affairs to a 
different position within the Department, the Secretary of Veterans 
Affairs shall notify the Committee on Veterans' Affairs of the Senate 
and the Committee on Veterans' Affairs of the House of Representatives 
of such transfer.
    (b) Return to Position or Removal.--Not later than 180 days after 
transferring a director of a medical center of the Department of 
Veterans Affairs to a different position within the Department, the 
Secretary shall--
            (1) return the individual to the position as director of 
        the medical center; or
            (2) remove the individual from the position as director of 
        the medical center and begin the process of hiring a new 
        director for such position.

       TITLE II--ACCOUNTABILITY, OVERSIGHT, AND PERSONNEL MATTERS

                  Subtitle A--Matters Relating to Pay

SEC. 201. INCREASED PAY CAP FOR DIRECTORS OF MEDICAL CENTERS AND 
              VETERANS INTEGRATED SERVICE NETWORKS OF DEPARTMENT OF 
              VETERANS AFFAIRS.

    (a) Increased Pay Cap.--
            (1) In general.--Subchapter III of chapter 74 of title 38, 
        United States Code, is amended by adding at the end the 
        following new section:
``Sec. 7434. Pay for directors of medical centers and directors of 
              Veterans Integrated Service Networks
    ``(a) Performance Management.--The Secretary shall prescribe a 
performance management and awards system for employees appointed under 
section 7401(4) of this title that ensures performance ratings and 
awards meaningfully differentiate extraordinary from satisfactory 
contributions and substantively reflect organizational achievements 
over which the employee has responsibility and control.
    ``(b) Market Rate of Pay.--(1) The annual amount of the market rate 
of pay for an employee appointed under section 7401(4) of this title--
            ``(A) shall be determined by the Secretary on a case-by-
        case basis; and
            ``(B) shall take into account--
                    ``(i) the level of experience of the employee in 
                managing facilities or programs of the Department or 
                other similar agencies or companies, whether 
                governmental or nongovernmental;
                    ``(ii) the complexity of the assignment of the 
                employee, whether assigned or to be assigned;
                    ``(iii) the labor market for individuals in similar 
                positions, which may cover any geographic area the 
                Secretary considers appropriate;
                    ``(iv) the experience of the employee in performing 
                the assignment of the employee, whether assigned or to 
                be assigned; and
                    ``(v) such other considerations as the Secretary 
                considers appropriate.
    ``(2) Market rate of pay provided under this subsection shall 
reflect the recruitment and retention needs of the Department for the 
assignment of a particular director in a facility or network of the 
Department.
    ``(3)(A) The market rate of pay provided under this subsection 
shall be evaluated by the Secretary not less frequently than once every 
two years.
    ``(B) The market rate of pay of an employee may be adjusted as the 
result of an evaluation under subparagraph (A).
    ``(C) An employee whose market rate of pay is evaluated under 
subparagraph (A) shall receive written notice of the results of such 
evaluation.
    ``(c) Requirements and Limitations on Total Pay.--(1) Not less 
frequently than once every two years, the Secretary shall prescribe for 
applicability throughout the Department the minimum and maximum amounts 
for a market rate of pay that may be paid under subsection (b).
    ``(2) Amounts prescribed under paragraph (1) shall be published in 
the Federal Register and shall take effect not earlier than 60 days 
after the date of publication.
    ``(3) In no case may the total market rate of pay provided under 
subsection (b) exceed the amount of annual compensation (excluding 
expenses) specified in section 102 of title 3.
    ``(4) No adjustment of the market rate of pay under subsection 
(b)(3)(B) may result in a reduction of the amount of the market rate of 
pay of a director while in the same position or assignment at the same 
location.
    ``(d) Treatment of Pay.--(1) Pay under subsection (b) shall be 
considered pay for all purposes, including retirement benefits under 
chapters 83 and 84 of title 5 and other benefits.
    ``(2) An individual receiving pay under subsection (b) may not 
receive a cost-of-living allowance under section 5941 of title 5.
    ``(e) Annual Report.--Not later than one year after the date of the 
VA Workforce Improvement, Support, and Expansion (WISE) Act of 2022, 
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 on the implementation by the 
Secretary of the requirements under this section.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such subchapter is amended by inserting after the 
        item relating to section 7433 the following new item:

``7434. Pay for directors of medical centers and directors of Veterans 
                            Integrated Service Networks.''.
    (b) Conforming Amendments.--Section 7404(a)(1) of title 38, United 
States Code, is amended--
            (1) in subparagraph (A)--
                    (A) by striking ``(A) The annual'' and inserting 
                ``The annual''; and
                    (B) by striking ``and 7401(4)''; and
            (2) by striking subparagraph (B).

SEC. 202. WAIVER OF PAY LIMITATION FOR EMPLOYEES OF THE VETERANS HEALTH 
              ADMINISTRATION PERFORMING MISSION CRITICAL WORK.

    (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. 7414. Waiver of pay limitation for employees performing mission 
              critical work
    ``(a) In General.--Notwithstanding any other provision of law, the 
Secretary may waive any limitation on pay for an employee of the 
Veterans Health Administration who is performing mission critical work.
    ``(b) Authority.--The Secretary shall prescribe regulations for the 
administration of this section.
    ``(c) Employee of the Veterans Health Administration Defined.--In 
this section, the term ``employee of the Veterans Health 
Administration' includes any employee of the Veterans Health 
Administration, regardless of the authority under which the employee 
was hired.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such subchapter is amended by inserting after the item relating to 
section 7413 the following new item:

``7414. Waiver of pay limitation for employees performing mission 
                            critical work.''.

SEC. 203. ELIMINATION OF PERFORMANCE PAY ELEMENTS FOR PHYSICIANS, 
              PODIATRISTS, AND DENTISTS AND ELIMINATION OF TOTAL 
              COMPENSATION CAP.

    Section 7431 of title 38, United States Code, is amended--
            (1) by striking subsection (a)(1);
            (2) by striking subsection (d);
            (3) by redesignating subsections (e) through (h) as 
        subsections (d) through (g), respectively;
            (4) in subsection (d), as redesignated by paragraph (3), by 
        striking paragraph (4); and
            (5) in subsection (g), as redesignated by paragraph (3), by 
        striking ``responsibility of the Secretary under subsection 
        (c), (d), or (e) except for the responsibilities of the 
        Secretary under subsection (e)(1)'' and inserting 
        ``responsibility of the Secretary under subsection (c) or (d) 
        except for the responsibilities of the Secretary under 
        subsection (d)(1)''.

SEC. 204. INCREASE OF MAXIMUM AMOUNT OF INCENTIVE PAY FOR DEPARTMENT 
              PHARMACIST EXECUTIVES.

    Section 7410(b)(1) of title 38, United States Code, is amended by 
striking ``$40,000'' and inserting ``$75,000''.

SEC. 205. ELIMINATION OF PAY CAP FOR CERTAIN EMPLOYEES OF VETERANS 
              HEALTH ADMINISTRATION.

    Section 7455(c) of title 38, United States Code, is amended--
            (1) in paragraph (1), by striking ``(1) Subject to 
        paragraph (2), the amount'' and inserting ``The amount''; and
            (2) by striking paragraph (2).

SEC. 206. MODIFICATION OF SPECIAL PAY AUTHORITY FOR NURSE EXECUTIVES.

    Section 7452(g) of title 38, United States Code, is amended--
            (1) in paragraph (1), in the matter preceding subparagraph 
        (A), by inserting ``authorize the Under Secretary for Health 
        to'' before ``pay special pay''; and
            (2) by adding at the end the following new paragraph:
    ``(5) The Under Secretary for Health shall define through 
regulations which positions of the Veterans Health Administration 
qualify as nurse executives for purposes of special pay under paragraph 
(1).''.

           Subtitle B--Improvement of Recruitment and Hiring

SEC. 211. OVERSIGHT OF DIRECT HIRE AUTHORITY AND HIRING FLEXIBILITY OF 
              DEPARTMENT OF VETERANS AFFAIRS.

    Not later than two years after the date of the enactment of this 
Act, the Inspector General of the Department of Veterans Affairs shall 
conduct a study and publish a report on--
            (1) the use of direct hire authority by the Department;
            (2) the contributions made by the use of such authority to 
        filling vacancies within the Department; and
            (3) any vulnerabilities or inconsistencies with respect to 
        the use of such authority.

SEC. 212. EXPANSION OF EMERGENCY HIRING AUTHORITIES FOR DEPARTMENT OF 
              VETERANS AFFAIRS.

    Section 7405 of title 38, United States Code, is amended--
            (1) in subsection (c)--
                    (A) in paragraph (2), in the matter preceding 
                subparagraph (A), by striking ``A temporary'' and 
                inserting ``Except as provided in paragraph (5), a 
                temporary''; and
                    (B) by adding at the end the following new 
                paragraph:
    ``(5) During a public health emergency, national emergency, 
domestic emergency, or other emergency as determined by the Secretary, 
appointments under paragraph (2) may be extended by the Secretary for 
additional one-year periods.''; and
            (2) by adding at the end the following:
    ``(h)(1) If the Secretary declares an emergency or crisis of 
veteran care or other operational impediment that the Secretary 
determines will cause significant disruption to veteran care or the 
Secretary identifies a significant need to employ personnel on a 
temporary basis in response to a national emergency declared under any 
provision of law, the Secretary may employ personnel under subsection 
(a)(1) to support the emergency, crisis, or impediment.
    ``(2) The Secretary shall submit to Congress in writing any 
declaration or identification made by the Secretary under paragraph 
(1), which shall include an identification of the approximate end date 
of the emergency, crisis, or impediment.
    ``(3) The authority to employ personnel under this subsection shall 
continue throughout the period covered by the declaration concerned.
    ``(4) Personnel in positions of a confidential or policy-
determining character are excluded from employment under this 
subsection.''.

SEC. 213. WAIVER OF CERTAIN LICENSURE REQUIREMENTS.

    (a) Psychologists.--Paragraph (8)(C) of section 7402(b) of title 
38, United States Code, is amended--
            (1) by striking ``individual psychologist for a period'' 
        and inserting ``individual psychologist--
                            ``(i) for a period'';
            (2) by striking the period at the end and inserting ``; 
        or''; and
            (3) by adding at the end the following new clause:
                            ``(ii) for a reasonable period recommended 
                        by the Under Secretary for Health, not to 
                        exceed four years, during a public health 
                        emergency declared by the President, the 
                        Secretary of Health and Human Services, or such 
                        other authority as specified by the 
                        Secretary.''.
    (b) Licensed Professional Mental Health Counselor.--Paragraph 
(11)(B) of such section is amended by striking the period at the end 
and inserting ``, except that the Secretary may waive the requirement 
of licensure or certification for an individual professional mental 
health counselor to permit a reasonable period of time for the 
counselor to be licensed or certified, as the case may be, on the 
condition that the counselor--
                            ``(i) provide patient care only under the 
                        direct supervision of a licensed mental health 
                        provider; and
                            ``(ii) work toward such licensure or 
                        certification, as the case may be.''.

SEC. 214. 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''.

                  Subtitle C--Other Personnel Matters

SEC. 221. EXPANSION OF ANNUAL LEAVE OPTIONS FOR EMPLOYEES OF DEPARTMENT 
              OF VETERANS AFFAIRS DURING PUBLIC HEALTH EMERGENCY.

    (a) In General.--Notwithstanding any other provision of law, the 
Secretary of Veterans Affairs shall waive all annual leave ceilings for 
employees of the Department of Veterans Affairs during the period 
beginning on January 1, 2022, and ending on December 31, 2026, allowing 
all unused, accrued annual leave to be carried over from any year in 
the period to any subsequent year in the period.
    (b) Leave in Excess of Ceiling.--At the end of December 31, 2026, 
all unused, accrued annual leave in excess of the ceiling pursuant to 
subsection (a) shall be forfeited.

SEC. 222. EXPANSION OF REIMBURSEMENT OF CONTINUING PROFESSIONAL 
              EDUCATION FEES.

    Section 7411 of title 38, United States Code, is amended by 
striking ``physician or dentist'' and inserting ``physician, board-
certified dentist, advanced practice registered nurse, or physician 
assistant''.

SEC. 223. INCLUSION OF POLICE OFFICERS OF DEPARTMENT OF VETERANS 
              AFFAIRS AS LAW ENFORCEMENT OFFICERS.

    Title 5, United States Code, is amended--
            (1) in section 8331(20), by inserting ``and an employee of 
        the Department of Veterans Affairs who is a Department police 
        officer under section 902 of title 38'' after ``supervisory or 
        administrative position''; and
            (2) in section 8401(17)--
                    (A) in subparagraph (C), by striking ``and'' at the 
                end;
                    (B) in the flush text following subparagraph 
                (D)(iii), by adding ``and'' at the end; and
                    (C) by adding at the end the following:
                    ``(E) an employee of the Department of Veterans 
                Affairs who is a Department police officer under 
                section 902 of title 38;''.

SEC. 224. DEPARTMENT OF VETERANS AFFAIRS PERSONNEL TRANSPARENCY.

    (a) Publication of Staffing and Vacancies.--
            (1) Website required.--Subject to paragraph (2) and not 
        later than 90 days after the date of the enactment of this Act, 
        the Secretary of Veterans Affairs shall make publicly available 
        on an internet website of the Department of Veterans Affairs 
        the following information:
                    (A) The number of personnel encumbering positions.
                    (B) The number of accessions and separation actions 
                processed during the quarter preceding the date of the 
                publication of the information.
                    (C) The number of vacancies, by occupation.
                    (D) The number of vacancies removed.
                    (E) The percentage of new hires for the Department 
                who were hired within the time-to-hire target of the 
                Office of Personnel Management, disaggregated by 
                internal hires and external hires.
            (2) Exceptions.--The Secretary may withhold from 
        publication under paragraph (1) information relating to law 
        enforcement, information security, or such positions in the 
        Department that the Secretary determines to be sensitive.
            (3) Update of information.--The Secretary shall update the 
        information on the website required under paragraph (1) on a 
        quarterly basis.
            (4) Treatment of contractor positions.--Any Department 
        position that is filled with a contractor may not be treated as 
        a Department position for purposes of the information required 
        to be published under paragraph (1).
            (5) Inspector general review.--On a semiannual basis, the 
        Inspector General of the Department shall review the 
        administration of the website required by paragraph (1) and 
        make recommendations relating to the improvement of such 
        administration.
    (b) Report to Congress.--
            (1) In general.--Each year, the Secretary shall submit to 
        Congress an annual report on the actions the Department is 
        taking to achieve full staffing capacity.
            (2) Contents.--Each report submitted under paragraph (1) 
        shall include the following:
                    (A) An estimate of the amount of additional funds 
                necessary to enable the Department to reach full 
                staffing capacity.
                    (B) Such recommendations for legislative or 
                administrative action as the Secretary may have to 
                achieve full staffing capacity at the Department.

SEC. 225. COMPTROLLER GENERAL REPORT ASSESSING HUMAN RESOURCES 
              MODERNIZATION WITHIN VETERANS HEALTH ADMINISTRATION.

    (a) In General.--Not later than 18 months after the date of the 
enactment of this Act, 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 on human resources modernization conducted by the Veterans 
Health Administration (in this section referred to as the 
``Administration'').
    (b) Elements.--The report required by subsection (a) shall include 
an assessment of the following:
            (1) The Human Resources Modernization Program (referred to 
        in this subsection as the ``Program'') of the Administration, 
        including an assessment of the activities carried out under the 
        Program and the results of those activities.
            (2) The performance, accuracy, efficiency, and transparency 
        of the human resources information technology systems of the 
        Administration for human resources professionals, managers with 
        hiring authority, and other employees of the Administration 
        using those systems to recruit and retain the workforce of the 
        Administration.
            (3) Metrics used to report hiring and vacancy data within 
        the Administration, including recruitment, hiring, and 
        retention data for mission critical occupations.
            (4) Trends in the hiring and vacancies among employees of 
        the Administration with mission critical occupations, as 
        determined by the Secretary of Veterans Affairs, during the 
        five-year period preceding the date of the enactment of this 
        Act.
            (5) The use by the Administration of hiring flexibilities, 
        including direct hire authority, and waivers during the five-
        year period preceding the date of the enactment of this Act, 
        including--
                    (A) an assessment of the standardization of use of 
                such authorities and waivers within Veterans Integrated 
                Service Networks of the Department of Veterans Affairs; 
                and
                    (B) the number and employee category of employees 
                of the Administration hired under each such authority 
                or waiver.
            (6) Training and development of human resources 
        professionals of the Administration, including--
                    (A) feedback from managers with hiring authority; 
                and
                    (B) feedback on such training from individuals 
                receiving the training and individuals providing the 
                training.
            (7) Such other matters as the Comptroller General considers 
        relevant.

            TITLE III--ASSISTANCE WITH NATIONAL EMERGENCIES

SEC. 301. UPDATE OF WEB PORTAL TO IDENTIFY VETERANS WHO HAD MEDICAL 
              OCCUPATIONS AS MEMBERS OF THE ARMED FORCES.

    (a) In General.--The Secretary of Veterans Affairs shall update 
existing web portals of the Department of Veterans Affairs to allow the 
identification of veterans who had a medical occupation as a member of 
the Armed Forces.
    (b) Information in Portal.--
            (1) In general.--An update to a portal under subsection (a) 
        shall allow a veteran to elect to provide the following 
        information:
                    (A) Contact information for the veteran.
                    (B) A history of the medical experience and trained 
                competencies of the veteran.
            (2) Inclusions in history.--To the extent practicable, 
        histories provided under paragraph (1)(B) shall include 
        individual critical task lists specific to military 
        occupational specialties that align with existing standard 
        occupational codes maintained by the Bureau of Labor 
        Statistics.

SEC. 302. PROGRAM ON PROVISION TO STATES OF INFORMATION ON VETERANS 
              WITH MEDICAL SKILLS OBTAINED DURING SERVICE IN THE ARMED 
              FORCES.

    (a) In General.--For purposes of facilitating civilian medical 
credentialing and hiring opportunities for veterans seeking to respond 
to a national emergency, including a public health emergency declared 
by the Secretary of Health and Human Services under section 319 of the 
Public Health Service Act (42 U.S.C. 247d), the Secretary of Veterans 
Affairs, in coordination with the Secretary of Defense and the 
Secretary of Labor, shall establish a program to share information 
specified in section 301(b)(1) with the following:
            (1) State departments of veterans affairs.
            (2) State credentialing bodies.
            (3) State homes.
            (4) Other stakeholders involved in State-level 
        credentialing, as determined appropriate by the Secretary of 
        Veterans Affairs.
    (b) State Home Defined.--In this section, the term ``State home'' 
has the meaning given that term in section 101(19) of title 38, United 
States Code.

SEC. 303. PROGRAM ON TRAINING OF INTERMEDIATE CARE TECHNICIANS OF 
              DEPARTMENT OF VETERANS AFFAIRS.

    (a) Establishment.--The Secretary of Veterans Affairs shall 
implement a program to train covered veterans to work as intermediate 
care technicians of the Department of Veterans Affairs.
    (b) Locations.--The Secretary may place an intermediate care 
technician trained under the program under subsection (a) at any 
medical center of the Department, giving priority to a location with a 
significant staffing shortage.
    (c) Inclusion of Information in Transition Assistance Program.--As 
part of the Transition Assistance Program under sections 1142 and 1144 
of title 10, United States Code, the Secretary shall prepare a 
communications campaign to convey opportunities for training, 
certification, and employment under the program under subsection (a) to 
appropriate members of the Armed Forces separating from active duty.
    (d) Report on Expansion of Program.--Not later than 180 days after 
the date of the enactment of this Act, 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 on whether 
the program under this section could be replicated for other medical 
positions within the Department.
    (e) Covered Veteran Defined.--In this section, the term ``covered 
veteran'' means a veteran whom the Secretary determines served or is 
serving as an allied health professional (such as a combat medic, 
medical technician, corpsman, or basic health care technician) while 
serving in the Armed Forces.

SEC. 304. NOTIFICATION OF OPPORTUNITIES FOR VETERANS.

    (a) In General.--The Secretary of Veterans Affairs shall notify 
veterans service organizations, such other stakeholders as the 
Secretary considers appropriate, and, in coordination with the 
Secretary of Defense, members of the reserve components of the Armed 
Forces of opportunities for veterans under this title.
    (b) Veterans Service Organization Defined.--In this section, the 
term ``veterans service organization'' means any organization 
recognized by the Secretary of Veterans Affairs for the representation 
of veterans under section 5902 of title 38, United States Code.
                                 <all>