,,ii  #aafth ,,congress  #ast ,session  
,s4 #ijb  ,,in ,,the ,,senate ,,of ,,the
 ,,united ,,states  ,march #bg1         
#bjai,mr4 ,boozman 7for himself and ,mr4
 ,tester7 introduced the following bill2
 which was read twice and 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 physicians
 in the ,veterans ,health               
,administration1 and for other purposes4
  #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 physicians in the ,veterans ,health  
,administration  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  #gdad4 ,effect of             

non-,department covenants not to compete
 on appointment of physicians  7a7      
,non-,applicability ,except as provided 
in subsection 7b71 in the case of an    
individual who is an applicant for      
appointment to a position as a physician
 in the ,veterans ,health               
,administration1 any covenant not to    
compete into which the individual has   
entered with a non-,department facility 
or other non-,department entity or      
individual 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 as a        
physician in the ,veterans ,health      
,administration and has entered into a  
covenant not to compete that is rendered
 non-applicable pursuant to subsection  
7a71 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 as     
described in paragraph 7#a7 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 that is rendered non-applicable 
pursuant to subsection 7a74  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 as a     
physician in the ,veterans ,health      
,administration and has entered into a  
covenant not to compete that is rendered
 non-applicable pursuant to subsection  
7a71 if the employment of the individual
 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 employment of the    
individual at the ,veterans ,health     
,administration4  7d7 ,covenant not ,to 
compete defined ,in this section1 the   
term covenant not to compete means an   
agreement between an employee and       
employer or a contractor and principal  
that restricts such employee or         
contractor from performing--  7#a7 work 
for another employer for a specified    
period of time2  7#b7 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 principal4  7e7            
,application ,this section shall apply  
to any covenant not to compete that is  
entered into after the date of the      
enactment of the ,,va ,hiring           
,enhancement ,act4  4  7b7 ,clerical    
amendment ,the table of sections at the 
beginning of chapter #gd of such title  

is amended by inserting after the item  
relating to section #gdac the following 
new item3  #gdad4 ,effect of            
non-,department covenants not to compete
 on appointment of physicians4  4  #c4  
,modification of qualifications to      
improve recruitment of physicians       
,section #gdjb7;b77#a7 of title #ch1    
,united ,states ,code1 is amended-- 7#a7
 in the matter preceding subparagraph   
7,a71 by inserting or to be offered a   
contingent appointment to such a        
position after position2 and  7#b7 by   
striking subparagraphs 7,b7 and 7,c7 and
 inserting the following3  7,b7 7i7 have
 completed a post-graduate residency    
training program leading to board       
eligibility in a specialty satisfactory 
to the ,secretary1 or  7ii7 with respect
 to an offer for a contingent           
appointment1 complete a post-graduate   
residency training program leading to   
board eligibility in a specialty        
satisfactory to the ,secretary by not   
later than two years after the date of  

such offer1 and  7,c7 7i7 be licensed to
 practice medicine1 surgery1 or         
osteopathy in a ,state1 or  7ii7 with   
respect to an offer for a contingent    
appointment1 be licensed to practice    
medicine1 surgery1 or osteopathy in a   
,state by not later than two years after
 the date of such offer4  4