Department of Veterans Affairs Nurse Recruitment and Retention Act of 2004 - Directs the Secretary of Veterans Affairs to designate a health care service region, or 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, and to conduct a pilot program in such region or section on the use of innovative human-capital tools and techniques in the recruitment of qualified nurses for such positions. Requires the Secretary, as part of the pilot program, to: (1) identify and use private-sector nurse recruitment practices that have proven effective; and (2) revise procedures and systems to reduce the length of the hiring process. Requires a report from the Secretary to the congressional veterans' committees on the extent to which the pilot program achieved the goal of improving the recruitment and retention of nurses in Department health-care facilities.
Authorizes the Secretary, with respect to appointed nurses, to provide: (1) a three 12-hour day work schedule, with authorized overtime after a 36-hour workweek; (2) a seven day, 10-hour work schedule for each two-week period, with authorized overtime after working 80 hours within such period; and (3) a nine-month work period with three months off, with such nurses paid at 75 percent of the full-time rate.
Includes dental hygienists, dental assistants, and blind rehabilitation specialists within those positions which the Secretary is authorized to make appointments.
Authorizes the Secretary to make payments to States to assist State homes in the hiring and retention of nurses and the reduction of nursing shortages at State homes. Limits payment amounts. Requires, from each State home receiving such assistance, an annual report to the Secretary on the use of such funds.
Removes the requirement that the Department's Under Secretary for Health be a doctor of medicine.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4231 Introduced in House (IH)]
108th CONGRESS
2d Session
H. R. 4231
To provide for a pilot program in the Department of Veterans Affairs to
improve recruitment and retention of nurses, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 28, 2004
Mr. Simmons introduced the following bill; which was referred to the
Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
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 Program.--(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. APPOINTMENT OF NURSES WHO DO NOT HAVE BACCALAUREATE DEGREES.
Section 7403 of title 38, United States Code, is amended by adding
at the end the following new subsection:
``(h) In a case in which a registered nurse applying for an
appointment under this chapter as a registered nurse has presented the
qualifications established under subsection (a) for such an
appointment, the lack of a baccalaureate degree in nursing shall not be
a bar to appointment, and in such a case the registered nurse shall not
be denied appointment on that basis.''.
SEC. 5. 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''.
<all>
Sponsor introductory remarks on measure. (CR E701-702)
Referred to the House Committee on Veterans' Affairs.
Referred to the Subcommittee on Health.
Subcommittee Hearings Held.
Subcommittee Consideration and Mark-up Session Held.
Forwarded by Subcommittee to Full Committee by Voice Vote.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported in the Nature of a Substitute by Voice Vote.
Reported (Amended) by the Committee on Veterans' Affairs. H. Rept. 108-538.
Reported (Amended) by the Committee on Veterans' Affairs. H. Rept. 108-538.
Placed on the Union Calendar, Calendar No. 312.
Mr. Smith (NJ) moved to suspend the rules and pass the bill, as amended.
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Considered under suspension of the rules. (consideration: CR H7797-7802)
DEBATE - The House proceeded with forty minutes of debate on H.R. 4231.
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
Considered as unfinished business. (consideration: CR H7887-7888)
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 411 - 1 (Roll no. 483).(text: CR 9/30/2004 H7797-7798)
Roll Call #483 (House)On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 411 - 1 (Roll no. 483). (text: CR 9/30/2004 H7797-7798)
Roll Call #483 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate.