[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4231 Received in Senate (RDS)]
2d Session
H. R. 4231
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 30, 2004
Received
_______________________________________________________________________
AN ACT
To provide for a pilot program in the Department of Veterans Affairs to
improve recruitment and retention of nurses, 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.
This Act may be cited as the ``Department of Veterans Affairs Nurse
Recruitment and Retention Act of 2004''.
SEC. 2. PILOT PROGRAM TO STUDY INNOVATIVE RECRUITMENT TOOLS TO ADDRESS
NURSING SHORTAGES AT DEPARTMENT OF VETERANS AFFAIRS
HEALTH-CARE FACILITIES.
(a) Pilot.--(1) Not later than 90 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall
designate a health-care service region, or a section within such a
region, in which health-care facilities of the Department of Veterans
Affairs are adversely affected by a shortage of qualified nurses.
(2) The Secretary shall conduct a pilot program in the region or
section designated under paragraph (1) to determine the effectiveness
of the use of innovative human-capital tools and techniques in the
recruitment of qualified nurses for positions at Department health-care
facilities and for the retention of nurses at such facilities. In
carrying out the pilot program, the Secretary shall enter into a
contract with a private-sector entity for services under the pilot
program for recruitment of qualified nurses.
(b) Private-Sector Recruitment Practices.--For purposes of the
pilot program under this section, the Secretary shall identify and use
recruitment practices that have proven effective for placing qualified
individuals in positions that are difficult to fill due to shortages of
qualified individuals or other factors. Recruitment practices to be
reviewed by the Secretary for use in the pilot program shall include--
(1) employer branding and interactive advertising
strategies;
(2) Internet technologies and automated staffing systems;
and
(3) the use of recruitment, advertising, and communication
agencies.
(c) Streamlined Hiring Process.--In carrying out the pilot program
under this section, the Secretary shall, at health-care facilities of
the Department in the region or section in which the pilot program is
conducted, revise procedures and systems for selecting and hiring
qualified nurses to reduce the length of the hiring process. If the
Secretary identifies measures to streamline and automate the hiring
process that can only be implemented if authorized by law, the
Secretary shall submit to the Committees on Veterans' Affairs of the
Senate and House of Representatives recommendations for such changes in
law as may be necessary to enable such measure to be implemented.
(d) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the Committees on
Veterans' Affairs of the Senate and House of Representatives a report
on the extent to which the pilot program achieved the goal of improving
the recruitment and retention of nurses in Department of Veterans
Affairs health-care facilities.
SEC. 3. ALTERNATE WORK SCHEDULES FOR NURSES.
(a) Enhanced Shift Flexibility.--Chapter 74 of title 38, United
States Code, is amended by inserting after section 7456 the following
new section:
``Sec. 7456a. Alternate work schedules
``(a) Applicability.--This section applies to registered nurses
appointed under this chapter.
``(b) 36/40 Work Schedule.--(1) Subject to paragraph (2), if the
Secretary determines it to be necessary in order to obtain or retain
the services of registered nurses at a Department health-care facility,
the Secretary may provide, in the case of registered nurses employed at
that facility, that such a nurse who works three regularly scheduled
12-hour tours of duty within a workweek shall be considered for all
purposes (except computation of full-time equivalent employees for the
purposes of determining compliance with personnel ceilings) to have
worked a full 40-hour basic workweek. Such a schedule may be referred
to as a `36/40 work schedule'.
``(2)(A) Basic and additional pay for a registered nurse who is
considered under paragraph (1) to have worked a full 40-hour basic
workweek is subject to subparagraphs (B) and (C).
``(B) The hourly rate of basic pay for such a nurse for service
performed as part of a regularly scheduled 36-hour tour of duty within
the workweek shall be derived by dividing the nurse's annual rate of
basic pay by 1,872.
``(C)(i) Such a nurse who performs a period of service in excess of
such nurse's regularly scheduled 36-hour tour of duty within a workweek
is entitled to overtime pay under section 7453(e) of this title, or
other applicable law, for officially ordered or approved service
performed in excess of--
``(I) eight hours on a day other than a day on which such
nurse's regularly scheduled 12-hour tour falls;
``(II) 12 hours for any day included in the regularly
scheduled 36-hour tour of duty; and
``(III) 40 hours during an administrative workweek.
``(ii) Except as provided in clause (i), a registered nurse to whom
this subsection is applicable is not entitled to additional pay under
section 7453 of this title, or other applicable law, for any period
included in a regularly scheduled 12-hour tour of duty.
``(3) A nurse who works a 36/40 work schedule described in this
subsection who is absent on approved sick leave or annual leave during
a regularly scheduled 12-hour tour of duty shall be charged for such
leave at a rate of ten hours of leave for nine hours of absence.
``(c) 7/7 Work Schedule--(1) Subject to paragraph (2), if the
Secretary determines it to be necessary in order to obtain or retain
the services of registered nurses at a Department health-care facility,
the Secretary may provide, in the case of registered nurses employed at
such facility, that such a nurse who works seven regularly scheduled
10-hour tours of duty, with seven days off duty, within a two-week pay
period, shall be considered for all purposes (except computation of
full-time equivalent employees for the purposes of determining
compliance with personnel ceilings) to have worked a full 80 hours for
the pay period. Such a schedule may be referred to as a `7/7 work
schedule'.
``(2)(A) Basic and additional pay for a registered nurse who is
considered under paragraph (1) to have worked a full 80-hour pay period
is subject to subparagraphs (B) and (C).
``(B) The hourly rate of basic pay for such a nurse for service
performed as part of a regularly scheduled 70-hour tour of duty within
the pay period shall be derived by dividing the nurse's annual rate of
basic pay by 1,820.
``(C)(i) Such a nurse who performs a period of service in excess of
such nurse's regularly scheduled 70-hour tour of duty within a pay
period is entitled to overtime pay under section 7453(e) of this title,
or other applicable law, for officially ordered or approved service
performed in excess of--
``(I) eight hours on a day other than a day on which such
nurse's regularly scheduled 10-hour tour falls;
``(II) 10 hours for any day included in the regularly
scheduled 70-hour tour of duty; and
``(III) 80 hours during a pay period.
``(ii) Except as provided in subparagraph (i), a registered nurse
to whom this subsection is applicable is not entitled to additional pay
under section 7453 of this title, or other applicable law, for any
period included in a regularly scheduled 10-hour tour of duty.
``(3) A nurse who works a 7/7 work schedule described in this
subsection who is absent on approved sick leave or annual leave during
a regularly scheduled 12-hour tour of duty shall be charged for such
leave at a rate of eight hours of leave for seven hours of absence.
``(d) 9-Month Work Schedule.--The Secretary may authorize a
registered nurse appointed under section 7405 of this title, with the
nurse's written consent, to work full-time for nine months with three
months off duty, within a fiscal year, and be paid at 75 percent of the
full-time rate for such nurse's grade for each pay period of that
fiscal year. A nurse working on such a schedule for any fiscal year
shall be considered a \3/4\ full-time equivalent employee for that
fiscal year in computing full-time equivalent employees for the
purposes of determining compliance with personnel ceilings. Service on
such a schedule shall be considered to be part-time service for
purposes of computing benefits under chapters 83 and 84 of title 5.
``(e) Regulations.--The Secretary shall prescribe regulations for
the implementation of this section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 74 of such title is amended by inserting after the item
relating to section 7456 the following new item:
``7456a. Alternate work schedules.''.
SEC. 4. TECHNICAL CORRECTION TO LISTING OF CERTAIN HYBRID POSITIONS IN
VETERANS HEALTH ADMINISTRATION.
Section 7401(3) of title 38, United States Code, is amended--
(1) by striking ``and dental technologists'' and inserting
``technologists, dental hygienists, dental assistants''; and
(2) by striking ``technicians, therapeutic radiologic
technicians, and social workers'' and inserting
``technologists, therapeutic radiologic technologists, social
workers, blind rehabilitation specialists, and blind
rehabilitation outpatient specialists''.
SEC. 5. ASSISTANCE FOR HIRING AND RETENTION OF NURSES AT STATE VETERANS
HOMES.
(a) In General.--(1) Chapter 17 of title 38, United States Code, is
amended by inserting after section 1743 the following new section:
``Sec. 1744. Hiring and retention of nurses: payments to assist States
``(a) Payment Program.--The Secretary shall make payments to States
under this section for the purpose of assisting State homes in the
hiring and retention of nurses and the reduction of nursing shortages
at State homes.
``(b) Eligible Recipients.--Payments to a State for a fiscal year
under this section shall, subject to submission of an application, be
made to any State that during that year--
``(1) receives per diem payments under this subchapter for
that fiscal year; and
``(2) has in effect an employee incentive scholarship
program or other employee incentive program at a State home
designed to promote the hiring and retention of nursing staff
and to reduce nursing shortages at that home.
``(c) Use of Funds Received.--A State may use an amount received
under this section only to provide funds for a program described in
subsection (b)(2). Any program shall meet such criteria as the
Secretary may prescribe. In prescribing such criteria, the Secretary
shall take into consideration the need for flexibility and innovation.
``(d) Limitations on Amount of Payment.--(1) A payment under this
section may not be used to provide more than 50 percent of the costs
for a fiscal year of the employee incentive scholarship or other
incentive program for which the payment is made.
``(2) The amount of the payment to a State under this section for
any fiscal year is, for each State home in that State with a program
described in subsection (b)(2), the amount equal to 2 percent of the
amount of payments estimated to be made to that State, for that State
home, under section 1741 of this title for that fiscal year.
``(e) Applications.--A payment under this section for any fiscal
year with respect to any State home may only be made based upon an
application submitted by the State seeking the payment with respect to
that State home. Any such application shall describe the nursing
shortage at the State home and the employee incentive scholarship
program or other incentive program described in subsection (c) for
which the payment is sought.
``(f) Source of Funds.--Payments under this section shall be made
from funds available for other payments under this subchapter.
``(g) Disbursement.--Payments under this section to a State home
shall be made as part of the disbursement of payments under section
1741 of this title with respect to that State home.
``(h) Use of Certain Receipts.--The Secretary shall require as a
condition of any payment under this section that, in any case in which
the State home receives a refund payment made by an employee in breach
of the terms of an agreement for employee assistance that used funds
provided under this section, the payment shall be returned to the State
home's incentive program account and credited as a non-Federal funding
source.
``(i) Annual Report From Payment Recipients.--Any State home
receiving a payment under this section for any fiscal year, shall, as a
condition of the payment, be required to agree to provide to the
Secretary a report setting forth in detail the use of funds received
through the payment, including a descriptive analysis of how effective
the incentive program has been on nurse staffing in the State home
during that fiscal year. The report for any fiscal year shall be
provided to the Secretary within 60 days of the close of the fiscal
year and shall be subject to audit by the Secretary. Eligibility for a
payment under this section for any later fiscal year is contingent upon
the receipt by the Secretary of the annual report under this subsection
for the previous year in accordance with this subsection.
``(j) Regulations.--The Secretary shall prescribe regulations to
carry out this section. The regulations shall include the establishment
of criteria for the award of payments under this section.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after section 1743 the following new item:
``1744. Hiring and retention of nurses: payments to assist States.''.
(b) Implementation.--The Secretary of Veterans Affairs shall
implement section 1744 of title 38, United States Code, as added by
subsection (a), as expeditiously as possible. The Secretary shall
establish such interim procedures as necessary so as to ensure that
payments are made to eligible States under that section commencing not
later than January 1, 2005, notwithstanding that regulations under
subsection (j) of that section may not have become final.
SEC. 6. TECHNICAL CLARIFICATION.
Section 8111(d)(2) of title 38, United States Code, is amended by
inserting before the period at the end of the last sentence the
following: ``and shall be available for any purpose authorized by this
section''.
SEC. 7. UNDER SECRETARY FOR HEALTH.
Section 305(a)(2) of title 38, United States Code, is amended--
(1) in the matter preceding subparagraph (A), by striking
``shall be a doctor of medicine and''; and
(2) in subparagraph (A), by striking ``and in health-care''
and inserting ``or in health-care''.
Passed the House of Representatives September 30, 2004.
Attest:
JEFF TRANDAHL,
Clerk.