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Department of Veterans Affairs Health Care Personnel Enhancement Act of 2004

Public Law 108-445 · S. 2484 · 108th Congress · began in the Senate

Signed by George W. Bush (R) on Dec 3, 2004 · Armed Forces and National Security

Sponsor: Sen. Arlen Specter (R-PA)

Cosponsors: None

Passage votes

  • HouseVoice vote
  • SenateUnanimous consent
Data notes

The final version of the law, as each chamber passed it. A chamber that passed it by voice vote or unanimous consent has no count. “Method not stated” means the record does not say how the chamber voted. Where the record has a member-by-member vote, the “Who voted for it” section shows who voted yea.

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Summary

The Congressional Research Service’s plain-language summary of what the law does.

Department of Veterans Affairs Health Care Personnel Enhancement Act of 2004 - (Sec. 3) Amends Federal provisions concerning grades and pay levels for physicians and dentists employed by the Department of Veterans Affairs to replace the current seven physician and dentist grades with a physician grade and dentist grade.

Replaces provisions providing special pay to Department physicians and dentists with provisions which provide a pay system composed of three different elements. Makes the first element of such pay base pay, with 15 pay steps based on the total years of service in the Department's Veterans Health Administration (VHA). Increases the base pay for each step achieved, from step 1 (two years or less of such service) to step 15 (more than 28 years).

Makes the second element of such pay market pay, which is pay intended to reflect the recruitment and retention needs for the specialty or assignment of a particular physician or dentist in a Department facility. Requires the annual amount of such pay to be determined by the Secretary of Veterans Affairs on a case-by-case basis, requiring the Secretary to consult two or more national surveys concerning physician and dentist pay. Requires such market pay to be reevaluated at least every 24 months.

Makes the third element of such pay performance pay, which is pay based on the physician's or dentist's achievement of specific goals and performance objectives as prescribed by the Secretary. Provides a fiscal year performance pay limit of $15,000 or 7.5 percent of the total of base pay and market pay.

Requires the Secretary, at least every two years, to prescribe for Department-wide applicability the minimum and maximum amounts of total pay to Department physicians and dentists.

Places at Level III of the Executive Schedule the annual rate of basic pay for the VHA position of Under Secretary for Health, allowing such pay to be increased by market pay when the person so serving is also a Department physician or dentist.

Directs the Secretary to: (1) prescribe regulations for VHA physician and dentist pay based on changes made by this Act; and (2) report annually for the next five years to the congressional veterans' committees on such pay.

Provides: (1) initial rates of base pay for Department physicians and dentists based on changes made by this Act; and (2) transition provisions for current Department physicians and dentists.

Terminates the special pay currently authorized for the Under Secretary for Health.

(Sec. 4) Authorizes the Secretary, in order to obtain or retain the services of registered nurses at any Department health-care facility, to establish two alternative work schedules for such nurses: (1) the "36/40" schedule, consisting of three 12-hour shifts (36 hours) in a work week but paid as a full work week (40 hours); and (2) the "9-month" schedule, consisting of nine months of work with three months off, allowing 75 percent of the normal annual pay for such position apportioned over a 12-month period.

Requires the Secretary to certify annually to Congress over the next three years whether each Department facility has in place a policy designed to prevent work hours by nurses providing direct patient care (other than emergency care) in excess of 12 consecutive hours or 60 hours in any seven-day period.

(Sec. 5) Authorizes the Secretary, in order to recruit and retain highly qualified Department nurse executives, to pay to each nurse executive employed at a Department health-care facility or the Central Office an annual special pay of at least $10,000 and up to $25,000, based on current pay grade, qualifications, complexity of duties, etc.

Committees

The committees the bill was sent to, and what each did with it.

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Related bills

The record lists no related bills.

Data notes

Related bills are identified by the Congressional Research Service, the House and the Senate: companion and identical bills, bills with similar text, bills that were folded into this law, and rules that brought it to the floor. A bill that is itself a public law in this site’s data links here; the others link to Congress.gov.

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Timeline

From introduction to signing, newest first: the committees, the floor and the president. 22 actions.

  1. Dec 3, 2004Became lawBecame law · Became Public Law No: 108-445.
  2. Became lawBecame law · Signed by President.
  3. Nov 22, 2004FloorFloor · Presented to President.
  4. Nov 17, 2004FloorFloor · Motion to reconsider laid on the table Agreed to without objection.
  5. FloorFloor · On motion to suspend the rules and pass the bill Agreed to by voice vote.
  6. FloorFloor · DEBATE - The House proceeded with forty minutes of debate on S. 2484.
  7. FloorFloor · Considered under suspension of the rules.
  8. FloorFloor · Mr. Simmons moved to suspend the rules and pass the bill.
  9. Oct 6, 2004FloorFloor · Held at the desk.
  10. FloorFloor · Message on Senate action sent to the House.
  11. FloorFloor · Received in the House.
  12. Oct 5, 2004FloorFloor · Passed Senate with an amendment and an amendment to the Title by Unanimous Consent.
  13. FloorFloor · The committee substitute as amended agreed to by Unanimous Consent.
  14. FloorFloor · Measure laid before Senate by unanimous consent.
  15. Sep 23, 2004CalendarCalendar · Placed on Senate Legislative Calendar under General Orders. Calendar No. 713.
  16. CommitteeCommittee · Committee on Veterans' Affairs. Reported by Senator Specter with an amendment in the nature of a substitute and an amendment to the title. With written report No. 108-357.
  17. Jul 20, 2004CommitteeCommittee · Committee on Veterans' Affairs. Ordered to be reported with amendments favorably.
  18. Jun 23, 2004CommitteeCommittee · Hearings by Senate Veterans' Affairs Committee
  19. Jun 22, 2004CommitteeCommittee · Committee on Veterans' Affairs. Hearings held.
  20. Jun 1, 2004CommitteeCommittee · Read twice and referred to the Committee on Veterans' Affairs.
  21. CommitteeCommittee · Sponsor introductory remarks on measure. (CR S6280)
  22. IntroducedIntroduced · Introduced in Senate
Data notes

Every action the Library of Congress lists for the bill, from introduction to signing, plus the dated committee hearings. The source lists many steps twice (the chamber’s own entry and the Library of Congress copy, or a presidential and a became-law entry with the same words); those are shown once. Amendments are listed in their own section.

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Amendments

1 amendment offered to the bill, with the last recorded step of each.

  • S.Amdt. 3973SenateSen. Arlen SpecterR-PA· offered Oct 5, 2004Agreed to

    To propose a substitute.

    Oct 5, 2004: Amendment SA 3973 agreed to in Senate by Unanimous Consent.

    Agreed to
Data notes

Amendments offered to this bill in either chamber, as the Library of Congress records them: each with a status read from its last recorded step: agreed to, rejected, withdrawn, ruled out of order, fell with another amendment, or offered with no vote recorded (most Senate amendments are only ever offered). The wording of each amendment is the source’s. Amendments to amendments and amendments to other bills are not listed.

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Official record

The bill’s full text is on Congress.gov. Data through Oct 7, 2026.