,i  #aaeth ,,congress  #b;d ,session    
,h4 ,r4 #eeba  ,,in ,,the ,,house ,,of  
,,representatives  ,april #af1          
#bjah,mrs4 ,hartzler 7for herself1 ,mr4 
,correa1 and ,mr4 ,bost7 introduced the 
following bill2 which was referred to   
the ,committee on ,veterans' ,affairs   
,a ,,bill  ,to amend title #ch1 ,united 
,states ,code1 to provide for the       
non-applicability of non-,department of 
,veterans ,affairs covenants not to     
compete to the appointment of certain   
,veterans ,health ,administration       
personnel1 to permit the ,veterans      
,health ,administration to make         
contingent appointments1 and to require 
certain ,veterans ,health               
,administration physicians to complete  
residency training4  #a4 ,short title   
,this ,act may be cited as the ,,va     
,hiring ,enhancement ,act4  #b4         
,non-applicability of non-,department of
 ,veterans ,affairs covenants not to    
compete to appointment of ,veterans     
,health ,administration personnel  7a7  

,in general ,subchapter ,i of chapter   
#gd of title #ch1 ,united ,states ,code1
 is amended by adding at the end the    
following new section3  #gdac4 ,effect  
of non-,department covenants not to     
compete  7a7 ,non-,applicability ,except
 as provided in subsection 7b71 in the  
case of an individual who is an         
applicant for appointment to a position 
in the ,veterans ,health ,administration
 described in section #gdja of this     
title1 any covenant not to compete into 
which the individual has entered with a 
non-,department facility or party shall 
have no force or effect with respect to 
the appointment of the individual to    
such a position4  7b7 ,service          
obligation  7#a7 ,any individual who is 
appointed to such a position in the     
,veterans ,health ,administration shall1
 as a condition of such appointment1    
agree to provide clinical services at a 
,department medical facility for the    
duration of the period described in     
paragraph 7#b74  7#b7 ,the period       

described in this paragraph is the      
period that begins on the date on which 
an individual is appointed to such a    
position and ends on the latter of the  
following dates3 7,a7 ,the date that is 
one year after such date of appointment4
  7,b7 ,the date of the termination of  
any covenant not to compete entered into
 between the individual and a           
non-,department facility or party4  7#c7
 ,the ,secretary may waive the          
requirement under paragraph 7#a7 with   
respect to an individual at the         
discretion of the ,secretary4  7c7      
,termination of ,department employment  
,in the case of an individual who is    
appointed to such a position in the     
,veterans ,health ,administration who   
has entered into a covenant not to      
compete that is rendered non-applicable 
pursuant to subsection 7a71 if the      
individual's employment at the ,veterans
 ,health ,administration is terminated  
for any reason before the specified     
termination date of such covenant1      

subsection 7a7 shall not apply with     
respect to such covenant after the date 
of the termination of the individual's  
employment at the ,veterans ,health     
,administration4  7d7 ,covenant not ,to 
compete ,in this section1 the term      
covenant not to compete means an        
agreement--  7#a7 between an employee   
and employer or a contractor and        
principal that restricts such employee  
or contractor from performing-- 7,a7 any
 work for another employer for a        
specified period of time2  7,b7 any work
 in a specified geographical area2 or   
7,c7 work for another employer          
performing work that is similar to the  
work such employee or contractor        
performed for the employer or principal1
 included as a party to the agreement2  
and  7#b7 that is entered into after the
 date of enactment of this ,act4  4  7b7
 ,clerical amendment ,the table of      
sections at the beginning of such       
chapter is amended by inserting after   
the item relating to section #gdab the  

following new item3  #gdac4 ,effect of  
non-,department covenants not to        
compete4  4  #c4 ,recruitment of        
physicians on a contingent basis prior  
to completion of training requirements  
,section #gdjb of title #ch1 ,united    
,states ,code1 is amended-- 7#a7 in     
subsection 7b77#a7--  7,a7 in the matter
 preceding subparagraph 7,a7 by         
inserting or to be offered an           
appointment to such position on a       
contingent basis under subsection 7h7   
after position2 and  7,b7 by striking   
subparagraph 7,b7 and inserting the     
following3  7,b7  7i7 have completed a  
residency leading to board eligibility  
in a specialty1 satisfactory to the     
,secretary2 or  7ii7 with respect to an 
offer for an appointment on a contingent
 basis under subsection 7h71 complete   
such a residency by not later than two  
years after the date of such offer2 and 
2 and  7#b7 by adding at the end the    
following new subsection3  7h7 7#a7 ,the
 ,secretary may appoint an individual   

under subsection 7b77#a7 on a contingent
 basis in accordance with this          
subsection if the ,secretary reasonably 
anticipated that the individual will    
have completed the requirements for     
appointment under such subsection       
7b77#a7 by not later than two years     
after the date on which the individual  
is so appointed4  7#b7 ,an individual   
who is appointed to a position on a     
contingent basis under paragraph 7#a7   
shall be appointed to such position on a
 permanent basis if1 by not later than  
two years after the date of the         
contingent appointment1 the individual  
completes all the requirements for      
appointment under subsection 7b77#a74   
7#c7 ,an individual who is appointed on 
a contingent basis under paragraph 7#a7 
who fails to complete the requirements  
for appointment under subsection 7b77#a7
 by not later than two years after the  
date on which the individual is so      
appointed may not be appointed to such  
position on a permanent basis4  4