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House Bill 4037
115th Congress(2017-2018)
VA Fairness in Hiring Act
Introduced
Introduced
Introduced in House on Oct 12, 2017
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Introduced in House 
Oct 12, 2017
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Introduced in House(Oct 12, 2017)
Oct 12, 2017
Not Scanned for Linkage
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Multiple bills can contain the same text. This could be an identical bill in the opposite chamber or a smaller bill with a section embedded in a larger bill.
Bill Sponsor regularly scans bill texts to find sections that are contained in other bill texts. When a matching section is found, the bills containing that section can be viewed by clicking "View Bills" within the bill text section.
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H. R. 4037 (Introduced-in-House)


115th CONGRESS
1st Session
H. R. 4037


To amend title 38, United States Code, to provide for the non-applicability of non-Department of Veterans Affairs covenants not to compete to the appointment of certain Veterans Health Administration personnel.

IN THE HOUSE OF REPRESENTATIVES

October 12, 2017

Mrs. Hartzler introduced the following bill; which was referred to the Committee on Veterans' Affairs

A BILL

To amend title 38, United States Code, to provide for the non-applicability of non-Department of Veterans Affairs covenants not to compete to the appointment of certain Veterans Health Administration personnel.

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 “VA Fairness in Hiring Act”.

SEC. 2. Non-applicability of non-Department of Veterans Affairs covenants not to compete to appointment of Veterans Health Administration personnel.

(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:

Ҥ 7413. Effect of non-Department covenants not to compete

“(a) Non-Applicability.—Except as provided in subsection (b), in the case of an individual who is an applicant for appointment to a position in the Veterans Health Administration described in section 7401 of this title, any covenant not to compete into which the individual has entered with a non-Department facility or employer shall have no force or effect with respect to the appointment of the individual to such a position.

“(b) 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 (a), if the individual’s employment at the Veterans Health Administration is terminated for any reason before the specified period of time in such covenant, then such covenant shall apply with respect to that individual for the period beginning on the date of the termination of the individual’s employment at the Veterans Health Administration and ending on the last day of such specified period of time.

“(c) Covenant not To compete.—In this section, the term ‘covenant not to compete’ means an agreement—

“(1) between an employee and employer that restricts such employee from performing—

“(A) any work for another employer for a specified period of time;

“(B) any work in a specified geographical area; or

“(C) work for another employer that is similar to such employee's work for the employer included as a party to the agreement; and

“(2) that is entered into after the date of enactment of this Act.”.

(b) Clerical amendment.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 7412 the following new item:


“7413. Effect of non-Department covenants not to compete.”.